Federal Communications Commission FCC 09-65 Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act A National Broadband Plan for Our Future ) ) ) ) ) ) ) ) ) ) ) GN Docket No. 09-137 GN Docket No. 09-51 NOTICE OF INQUIRY Adopted: July 31, 2009 Released: August 7, 2009 Comment Date: September 4, 2009 Reply Comment Date: October 2, 2009 By the Commission: Chairman Genachowski and Commissioners Copps and McDowell issuing separate statements. TABLE OF CONTENTS Para. I. INTRODUCTION.................................................................................................................................. 1 II. BACKGROUND.................................................................................................................................... 3 III. EVOLVING NATIONAL GOALS AND THE NEED FOR BROADBAND DATA ........................ 12 A. Broadband Statutory Developments .............................................................................................. 13 1. Recovery Act – Development of the National Broadband Plan.............................................. 13 2. BDIA Revisions to the Section 706 Inquiry............................................................................ 15 B. Comprehensive Broadband Data Collection.................................................................................. 18 1. Commission Broadband Data Collection ................................................................................ 19 a. Form 477 Data Collection................................................................................................. 19 b. Mobile Broadband Network Coverage Maps and Data.................................................... 22 c. Cable System Broadband Data ......................................................................................... 23 d. Consumer Broadband Registry......................................................................................... 24 2. Broadband Mapping Efforts.................................................................................................... 25 3. Other Broadband Data Gathering Efforts................................................................................ 27 a. Commission Consumer Survey......................................................................................... 28 b. GAO Broadband Metrics and Standards Study ................................................................ 29 4. Other Broadband Legislation and Ongoing Commission Efforts ........................................... 32 IV. SPECIFIC ISSUES FOR INQUIRY.................................................................................................... 33 A. What Is Advanced Telecommunications Capability or Broadband? ............................................. 34 B. Is Broadband Available to All Americans? ................................................................................... 42 1. Definition of Availability ........................................................................................................ 42 2. Trends in Developing Technologies........................................................................................ 50 Federal Communications Commission FCC 09-65 2 C. Is Broadband Deployment Reasonable and Timely?..................................................................... 52 D. What Actions Can Accelerate Broadband Deployment?............................................................... 64 E. What Actions Should the Commission Take to Improve Its Regular Broadband Data Collection Efforts?......................................................................................................................... 67 V. PROCEDURAL MATTERS................................................................................................................ 68 A. Paperwork Reduction Act.............................................................................................................. 68 B. Ex Parte Presentations.................................................................................................................... 69 C. Comment Filing Procedures .......................................................................................................... 70 D. Accessible Formats ........................................................................................................................ 71 VI. ORDERING CLAUSE......................................................................................................................... 72 APPENDIX—Commission’s Report on High-Speed Services for Internet Access: Status as of June 30, 2008 I. INTRODUCTION 1. This Notice of Inquiry (Inquiry) begins a familiar task in a new way. As required by section 706 of the Telecommunications Act of 1996, as amended, 1 we seek comment on whether broadband 2 is being deployed to all Americans in a reasonable and timely fashion. Since Congress enacted section 706, the Commission has conducted five section 706 inquiries. These inquiries were conducted under a general national policy of encouraging the provision of broadband to the public. 3 In each instance, the Commission concluded that broadband was being deployed to all Americans in a reasonable and timely fashion. These conclusions, however, rested on data increasingly criticized as lacking sufficient detail to support robust analyses. 2. Whatever concerns linger regarding the Commission’s prior section 706 analyses, we begin the present inquiry on a clean slate. In particular, we initiate this Inquiry against a backdrop of statutory and policy changes, as well as improvements to broadband data gathering. Recent Congressional legislation has underscored the importance of broadband to the nation and its position as a top priority at the Commission. 4 As described in the National Broadband Plan NOI and the Rural Broadband Report, the nation is in the midst of a massive undertaking to ensure that all Americans have access to 1 47 U.S.C. § 1302(b). Section 706 of the Telecommunications Act of 1996, Pub. L. No. 104-104, title VII, Sec. 706, 110 Stat. 56, 153 (1996) (1996 Act), as amended in relevant part by the Broadband Data Improvement Act, Pub. L. No. 110-385, 122 Stat. 4096 (2008) (BDIA), is now codified in Title 47, Chapter 12 of the United States Code. See 47 U.S.C. § 1301 et. seq. Prior to the BDIA, section 706 was reproduced in the notes to section 157 of the Communications Act of 1934, as amended (the Act). 47 U.S.C. § 157 nt. (2008). In the text, we generally refer to section 706 and cite to the relevant current section of the BDIA and the United States Code, as applicable. Citations to outdated sections of the United States Code are denoted by date (e.g., 47 U.S.C. § 157 nt. (2008)). 2 As explained below, in this Inquiry we use the term “broadband” synonymously with “advanced telecommunications capability.” See infra para. 4. 3 47 U.S.C. § 157 nt. (2008). 4 See, e.g., American Recovery and Reinvestment Act of 2009, § 6001(k)(2), Pub. L. No. 111-5, 123 Stat. 115 (2009) (Recovery Act) (tasking the Commission with developing a national broadband plan to seek to ensure that all people of the United States have access to broadband); see also BDIA § 102(1); 47 U.S.C. § 1301(1) (finding that the expansion of broadband technology “has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans”); BDIA § 102(2); 47 U.S.C. § 1301(2) (recognizing that continued deployment and adoption of broadband technology is necessary “to ensuring that our Nation remains competitive and continues to create business and job growth”). Federal Communications Commission FCC 09-65 3 broadband. 5 We will assess the nation’s progress in deploying broadband in light of these recent Congressional directives. In addition, in contrast to prior section 706 inquiries, for this Inquiry we will have access to significantly more comprehensive broadband data, in part because the Commission in March 2009 began collecting far more granular broadband data on the revised FCC Form 477. We also will have the benefit of the extensive comments filed in response to the National Broadband Plan NOI. II. BACKGROUND 3. Section 706 requires the Commission to “initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms).” 6 In conducting this inquiry, the Commission must “determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” 7 If that “determination is negative, [the Commission] shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” 8 4. Section 706(c) defines advanced telecommunications capability as “high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.” 9 In previous reports to Congress, the Commission used the terms “broadband,” “advanced telecommunications capability,” and “advanced services” interchangeably to mean services and facilities with an upstream (customer-to-provider) and downstream (provider-to-customer) transmission speed of more than 200 kilobits per second (kbps). 10 We will continue to use these terms interchangeably in this Inquiry. 11 We do not, however, foreclose the possibility that the Commission might later define “broadband” to be different from “advanced telecommunications capability” or “advanced services.” Indeed, we seek comment below on the 5 A National Broadband Plan for Our Future, GN Docket No. 09-51, Notice of Inquiry, 24 FCC Rcd 4342 (2009) (National Broadband Plan NOI); MICHAEL J. COPPS, ACTING CHMN., FCC, BRINGING BROADBAND TO RURAL AMERICA: REPORT ON A RURAL BROADBAND STRATEGY (May 22, 2009) (RURAL BROADBAND REPORT), attached to Acting Chairman Copps Releases Report on Rural Broadband Strategy, GN Docket No. 09-29, Public Notice, DA 09-1211 (rel. May 29, 2009). 6 47 U.S.C. § 1302(b). 7 47 U.S.C. § 1302(b). 8 47 U.S.C. § 1302(b). 9 47 U.S.C. § 1302(d)(1). 10 Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, CC Docket No. 98-146, Report, 14 FCC Rcd 2398, 2406, para. 20 (1999) (Section 706 First Report); Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, CC Docket No. 98-146, Second Report, 15 FCC Rcd 20913, 20919-21, para. 10 (2000) (Section 706 Second Report); Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, CC Docket No. 98-146, Report, 17 FCC Rcd 2844, 2850, para. 9 (2002) (Section 706 Third Report); Availability of Advanced Telecommunications Capability in the United States, GN Docket No. 04-54, Fourth Report to Congress, 19 FCC Rcd 20540, 20551-52 (2004) (Section 706 Fourth Report); Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, GN Docket No. 07-45, Fifth Report, 23 FCC Rcd 9615, 9616, para. 2 (2008) (Section 706 Fifth Report), pet. for recon. pending. 11 We seek comment below on the proper definition of “broadband” for purposes of this proceeding and, in particular, whether the transmission speeds the Commission has used to define broadband remain appropriate. See infra Part IV.A. Federal Communications Commission FCC 09-65 4 meanings of these terms. 12 In contrast, the Commission has used the term “high-speed” to describe services with over 200 kbps capability in at least one (but not necessarily both) directions. 13 In the 2008 Broadband Data Gathering Order, the Commission updated the broadband reporting speed tiers and created the term “first generation data” to refer to those services with data rates greater than 200 kbps but less than 768 kbps in the faster direction, and the term “basic broadband tier 1” to refer to services equal to or greater than 768 kbps but less than 1.5 megabits per second (mbps) in the faster direction. 14 Subsequent tiers were labeled “broadband tier 2” through “broadband tier 7.” 15 5. The Commission conducted five inquiries pursuant to section 706 before that section was amended by the BDIA. In each report, the Commission concluded that the deployment of broadband, at the time of the report, was reasonable and timely on a general, nationwide basis. 16 In 1999, the initial section 706 inquiry depicted the early stages of the deployment of advanced services and relied on anecdotal evidence relating to trends in investment in broadband facilities, deployment of facilities that serve the “last mile” to consumers, and demand for broadband. 17 As such, although the Commission was encouraged that, for that point in time, “the deployment of [broadband] capability generally appear[ed] . . . reasonable and timely,” the Commission found it “difficult to reach any firm judgment about the state of deployment.” 18 6. In 2000, shortly after initiating the second section 706 inquiry, the Commission expanded its information collection efforts to gain a more comprehensive understanding of broadband availability. Among other things, the Commission launched a formal data collection program to gather standardized subscribership information from providers of broadband services through the creation of Form 477. 19 As (continued….) 12 See infra para. 35. 13 See Section 706 Second Report, 15 FCC Rcd at 20920, para. 11; Section 706 Third Report, 17 FCC Rcd at 2850- 51, para. 9; Section 706 Fourth Report, 19 FCC Rcd at 20551. 14 Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol, WC Docket No. 07-38, Report and Order and Further Notice of Proposed Rulemaking, 23 FCC Rcd 9691, 9700-01, para. 20 n.66 (2008) (2008 Broadband Data Gathering Order), Order on Reconsideration, 23 FCC Rcd 9800 (2008) (2008 Broadband Data Gathering Reconsideration Order). 15 The revised reporting tiers applicable for both uploads and downloads are: (1) greater than 200 kbps but less than 768 kbps; (2) equal to or greater than 768 kbps but less than 1.5 mbps; (3) equal to or greater than 1.5 mbps but less than 3.0 mbps; (4) equal to or greater than 3.0 mbps but less than 6.0 mbps, (5) equal to or greater than 6.0 mbps but less than 10.0 mbps; (6) equal to or greater than 10.0 mbps but less than 25.0 mbps; (7) equal to or greater than 25.0 mbps but less than 100.0 mbps; and (8) equal to or greater than 100 mbps. Additionally, providers must continue to report connections with download transfer rates in each of the categories above 200 kbps and upload speeds of 200 kbps or less. 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9700-02, paras. 20-22. 16 See Section 706 First Report, 14 FCC Rcd 2398; Section 706 Second Report, 15 FCC Rcd 20913; Section 706 Third Report, 17 FCC Rcd 2844; Section 706 Fourth Report, 19 FCC Rcd 20540; Section 706 Fifth Report, 23 FCC Rcd 9615. 17 Section 706 First Report, 14 FCC Rcd at 2414-45, paras. 34-90. 18 See id. at 2402, para. 6 (“[A]t such an early stage of deployment of many broadband services, it is difficult to reach any firm judgment about the state of deployment.”). 19 Local Competition and Broadband Reporting, CC Docket No. 99-301, Report and Order, 15 FCC Rcd 7717 (2000). The Commission required “facilities-based providers of ‘full broadband’ and ‘one-way broadband’ services” to provide broadband data on the Form 477 so long as they provided service over at least 250 broadband service lines (or wireless channels) in a given state, or had at least 250 broadband subscribers in a given state. Id. at 7730-31, para. 22. The Commission used “full broadband” and “one-way broadband” synonymously with the Federal Communications Commission FCC 09-65 5 (Continued from previous page) initially adopted, Form 477 required covered providers to report the number of broadband connections they provide in each state as well as the 5-digit ZIP codes in which they had at least one customer. 20 The Commission also had convened the Federal-State Joint Conference on Advanced Telecommunications Services (Advanced Services Joint Conference), consisting of federal and state regulators, to provide a forum for an ongoing dialogue among the Commission, the states, and regional and local entities regarding the deployment of broadband. 21 Finally, the Commission undertook a series of in-depth case studies to gain a better understanding of how broadband was being deployed and used in different communities. 22 In assessing the data from these and other sources, the Commission determined in the Section 706 Second Report that broadband deployment, which was still in its early stages, was reasonable and timely overall. 23 The Commission also found, however, that not all Americans had access to broadband and that “the data support the troubling conclusion that market forces alone may not guarantee that some categories of Americans will receive timely access to advanced services.” 24 The Commission “identif[ied] certain categories of Americans who [were] particularly vulnerable to not having access to advanced services. These include[d] low-income consumers, those living in sparsely populated areas, minority consumers, Indians, persons with disabilities and those living in the U.S. territories.” 25 7. In 2002, the Commission’s third section 706 inquiry examined the advanced services marketplace using the same general framework and analysis as previous inquiries. 26 In reaching its conclusion that broadband was being reasonably and timely deployed, the Commission relied upon standardized information from providers of broadband derived from Form 477, as well as information gathered from commenters, analysts, and other sources. 8. In 2004, the Commission’s fourth section 706 inquiry included a discussion of developments in last-mile broadband technologies, as well as analysis of broadband deployment nationwide and in more specific categories, such as rural areas, schools, low-income populations, and minority groups. 27 At that time, the Commission reexamined its Form 477 local competition and broadband data gathering program, current meanings of “advanced telecommunications services” and “high-speed services.” See id. at 7731, para. 22 n.68. 20 Id. at 7743-46, paras. 49-52. In 2004 the Commission increased the amount of data collected on Form 477 and eliminated the thresholds that had exempted smaller providers from reporting. Local Telephone Competition and Broadband Reporting, WC Docket No. 04-141, Report and Order, 19 FCC Rcd 22340 (2004) (2004 Broadband Data Gathering Order). As discussed in greater detail below, the Commission recently significantly improved the granularity of the broadband data it collects on Form 477. See infra Part III.B.1.a; 2008 Broadband Data Gathering Order; 2008 Broadband Data Gathering Reconsideration Order. 21 The Joint Conference was convened by the Commission on October 8, 1999, to further the vision of section 706 of the 1996 Act. See Federal-State Joint Conference on Advanced Telecommunications Services, CC Docket No. 99-294, Order, 14 FCC Rcd 17622 (1999). To that end, the Joint Conference held several field hearings to gather information on the deployment of advanced services, and issued a report regarding the availability and demand for broadband services in the United States. See Broadband Services in the United States: An Analysis of Availability and Demand, Federal-State Joint Conference on Advanced Services, October 2002. 22 Section 706 Second Report, 15 FCC Rcd at 20961-79, paras. 112-71. 23 Id. at 20991-1003, paras. 203-43. 24 Id. at 20992, para. 205. 25 Id. at 20918, para. 8. 26 Section 706 Third Report, 17 FCC Rcd at 2847-50, para. 7. 27 Section 706 Fourth Report, 19 FCC Rcd at 20567-76. Federal Communications Commission FCC 09-65 6 and began requiring providers to submit further information about their broadband deployments on the basis of speed tiers for use in future section 706 inquiries. 28 9. Finally, in 2008, in its fifth section 706 inquiry, the Commission evaluated broadband deployment by relying on the Form 477 speed tiers adopted in 2004. 29 The report discussed industry’s investment in broadband deployment, noted increased subscribership, and emphasized developments in last-mile broadband technologies, services, applications, and devices. Looking forward, the Commission anticipated an ever-greater demand for broadband services and applications. 30 The Commission also acknowledged that the Form 477 data collection was being revised to enable the Commission to assess broadband service subscribership and availability information on a more accurate and detailed level. 31 10. Although the Commission’s prior section 706 reports reveal minor differences in philosophy and reflect modest improvements in data collection efforts, all five prior inquiries were founded on a definition of broadband that has evolved little over time. In particular, most of the prior section 706 inquiries portray broadband only as a baseline of the minimum bandwidth speed required to qualify a service as an “advanced” service. Moreover, none of the inquiries was based on data capable of generating a comprehensive, highly-granular picture of broadband deployment in terms of geography, service capabilities, or other characteristics. 32 11. The framework and analysis the Commission employed in prior section 706 reports increasingly has been called into question. For example, a 2006 report by the United States Government Accountability Office (GAO) found that a key difficulty in evaluating broadband deployment was the lack of comprehensive broadband data. 33 In particular, the GAO Report questioned whether the Commission’s Form 477 data—specifically, reporting broadband subscribership at the statewide level and identifying broadband as available in a particular ZIP code based on the presence of a single broadband subscriber anywhere in that ZIP code—provided a highly accurate depiction of local deployment of broadband infrastructures for residential service, especially in rural areas. 34 More recently, in the Section 706 Fifth Report, two Commissioners dissented from the conclusion that broadband was being deployed 28 See 2004 Broadband Data Gathering Order, 19 FCC Rcd at 22347, para. 14 (requiring filers to determine what percentage of their broadband or high-speed connections are faster than 200 kbps in both directions, and to categorize these connections into five “speed tiers”); see also id. (“As these faster services are introduced, it is vitally important that we understand the evolving dynamics of higher speed broadband availability in order to fulfill our statutory responsibilities to report about whether broadband is available to all Americans.”). 29 Section 706 Fifth Report, 23 FCC Rcd at 9617, para. 4. 30 In addition, aside from its formal section 706 inquiries, the Commission has published semiannual statistical reports every year since 2000, summarizing the Form 477 data relating to high-speed connections (i.e., transmission connections to and from the Internet in excess of 200 kbps in at least one direction). The Commission has collected and published information 16 times under this program. The most recently published report, attached as Appendix, presents data as of June 30, 2008. See INDUST. ANALYSIS & TECH. DIV., FCC, HIGH-SPEED SERVICES FOR INTERNET ACCESS: STATUS AS OF JUNE 30, 2008, at tbls. 1, 15 (rel. July 23, 2009) (July 2009 High Speed Report). 31 Section 706 Fifth Report, 23 FCC Rcd at 9618, 9633, paras. 6, 35 (stating that the Commission “anticipate[d] being able to provide more disaggregated broadband deployment data in future [section 706] reports”). 32 See RURAL BROADBAND REPORT at para. 95 (recognizing that “past Section 706 Reports included an incomplete analysis of the broadband market and relied on data that lacked sufficient granularity”). As explained below, the Commission recently has taken significant steps to improve its broadband data collection. 33 See generally GAO, BROADBAND DEPLOYMENT IS EXTENSIVE THROUGHOUT THE UNITED STATES, BUT IT IS DIFFICULT TO ASSESS THE EXTENT OF DEPLOYMENT GAPS IN RURAL AREAS, GAO-06-426, at 14 (May 2006) (GAO REPORT). 34 Id. at 14-18. Federal Communications Commission FCC 09-65 7 in a reasonable and timely fashion to all Americans. 35 In addition, several public interest groups sought reconsideration of the Section 706 Fifth Report. 36 III. EVOLVING NATIONAL GOALS AND THE NEED FOR BROADBAND DATA 12. Since the Commission’s last section 706 report, Congress and the Commission have emphasized the national goals of achieving ubiquitous deployment of, and increased use of, broadband. 37 And they have recognized the crucial role that gathering and evaluating comprehensive broadband deployment data will play in enabling us to meet those goals. 38 Indeed, Congress specifically has found that “[i]mproving Federal data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation.” 39 While Congress, the Commission, and other federal agencies all have taken steps to improve broadband data collection efforts, as described further below, it will take some time for the full range of new data to become available. 40 Nevertheless, the current section 706 inquiry will benefit from—indeed, be driven by—improved broadband data. 41 Comprehensive broadband data will thus serve as the foundation of our assessment of whether broadband is being deployed to all Americans in a reasonable and timely fashion. A. Broadband Statutory Developments 1. Recovery Act – Development of the National Broadband Plan 13. In February 2009, Congress enacted the Recovery Act (i.e., the “stimulus package”). 42 The Recovery Act reflects a significant evolution in our nation’s broadband goals since Congress enacted section 706 in 1996. 43 Specifically, the Recovery Act directs the Commission, by February 17, 2010, to develop a plan that seeks to ensure that all people of the United States have access to broadband (National Broadband Plan). 44 The Commission must also establish benchmarks for meeting the national goal of (continued….) 35 Section 706 Fifth Report, 23 FCC Rcd at 9685-86 (dissenting statement of Comm’r Michael J. Copps); id. at 9687-88 (dissenting statement of Comm’r Jonathan Adelstein). 36 Petition for Reconsideration, Consumers Union, Consumer Federation of America, and Free Press, GN Docket No. 07-45 (filed July 11, 2008) (Consumers Union Fifth Section 706 Report Reconsideration Petition) (asking the Commission to recognize the highly asymmetric nature of most commercially available broadband technologies, to address concerns that many Americans have access to just two broadband services (cable modem and digital subscriber line (DSL)), and to address America’s poor standing in international broadband rankings); see also Pleading Cycle Established for Comments on Petition for Reconsideration of the Commission’s Fifth 706 Report, GN Docket No. 07-45, Public Notice, 23 FCC Rcd 14589 (2008) (seeking comment on Consumers Union Section 706 Fifth Report Reconsideration Petition). 37 See infra paras. 13-17. 38 See infra paras. 18-32. 39 BDIA § 102(3); 47 U.S.C. § 1301(3). 40 See infra Part III.B. 41 Future section 706 inquiries will reap even greater benefits from the many investments in broadband data collection being made today. 42 See supra note 4. 43 Section 706 directs the Commission to “encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans.” 47 U.S.C. § 1302(a). Although the ultimate goal of section 706 is consistent with current national broadband goals, the Recovery Act has reshaped national priorities by bringing increased intensity to the national goal of ubiquitous broadband deployment. 44 The National Broadband Plan will include an analysis of the most effective and efficient mechanisms for ensuring broadband access, a detailed strategy for achieving affordability of broadband service and maximum utilization of Federal Communications Commission FCC 09-65 8 (Continued from previous page) ubiquitous broadband deployment, and must conduct its analysis of broadband deployment within certain parameters established by Congress. 45 To help the Commission conduct its analysis and develop its plan, Congress gave the Commission access to certain broadband and other data collected by the federal government. 46 In addition, the Recovery Act provides up to $7.2 billion in broadband stimulus funds to accelerate the deployment of broadband infrastructure and services throughout the nation. 47 On April 8, 2009, the Commission released a notice of inquiry seeking comment from all stakeholders, affected parties, and interested persons on all aspects of creating the National Broadband Plan. 48 At the Commission’s July 2, 2009 Open Agenda Meeting, the Commission announced a number of measures to increase the level of civic engagement regarding the National Broadband Plan. 49 Our efforts to develop the National Broadband Plan are well underway. (continued….) broadband infrastructure and service by the public, an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to the Broadband Technology Opportunities Program, and a plan for use of broadband infrastructure and services in advancing a broad array of public interest goals. Recovery Act § 6001(k)(1), (2). 45 Recovery Act § 6001(k)(2). 46 Recovery Act § 6001(k)(3). The Recovery Act provides that “[i]n developing the plan, the Commission shall have access to data provided to other Government agencies under the [BDIA].” Id. Consequently, the Commission will have access to data provided to the: (1) Department of Commerce’s National Telecommunications and Information Administration (NTIA) for its state broadband mapping efforts; (2) GAO’s Comptroller General for its study on broadband metrics and standards; (3) Small Business Administration’s (SBA) Office of Advocacy for its study evaluating the impact of broadband speed and price on small businesses; and (4) Department of Commerce’s Bureau of the Census (Census Bureau) for its expansion of the American Community Survey by eliciting information from residential households, including those located on native lands, on whether they own or use a computer, subscribe to Internet service, and, whether they use dial-up or broadband Internet service. See BDIA §§ 103(d), 104, 105, 106(g); see also infra Parts III.B.2 & III.B.3.b. On July 1, 2009, the Department of Agriculture’s (USDA) Rural Utilities Service (RUS) and NTIA released a joint Notice of Funds Availability (NOFA) on the Recovery Act’s broadband grant and loan programs, and, on July 2, 2009, NTIA released a NOFA on funding for state broadband mapping. Both NOFAs specify that the Commission will have access to data used in NTIA’s Broadband Technology Opportunities Program (BTOP) and in NTIA’s state broadband mapping efforts. See Department of Agriculture, Rural Utilities Service, Broadband Initiatives Program, RIN: 0572-ZA01, Department of Commerce, National Telecommunications and Information Administration, Broadband Technology Opportunities Program, RIN: 0660-ZA28, Notice of Funds Availability, 74 Fed. Reg. 33104, 33123 (July 9, 2009) (NTIA/RUS BTOP/BIP NOFA) (“All BTOP Broadband Infrastructure awardees that offer Internet access service to the public for a fee must agree to participate in the State Broadband Data and Development Grant Program pursuant to the BDIA and section 6001(l) of the Recovery Act.”); Department of Commerce, National Telecommunications and Information Administration, State Broadband Data and Development Grant Program, Docket No. 0660-ZA29, Notice of Funds Availability, 74 Fed. Reg. 32545, 32555 (July 8, 2009) (NTIA State Mapping NOFA) (“[A]ll awardees agree to cooperate with NTIA and the FCC’s national broadband mapping efforts. In particular, awardees agree that . . . they will coordinate with and lend reasonable assistance to NTIA and the FCC . . . in such parties’ efforts to assist the recipients in their data collection or to collect broadband mapping related data directly in the States.”). 47 National Broadband Plan NOI, 24 FCC Rcd at 4345, para. 9 (summarizing key provisions of the Recovery Act). 48 National Broadband Plan NOI. By June 8, 2009, the Commission had received over 500 comments and by July 21, 2009, the Commission had received over 150 replies, to the National Broadband Plan NOI. On June 25, 2009, the Wireline Competition Bureau extended the reply comment deadline by two weeks. See A National Broadband Plan for Our Future, Order, GN Docket No. 09-51, DA 09-1420 (WCB rel. June 25, 2009) (extending reply comment deadline from July 7, 2009 to July 21, 2009). 49 For example, the Commission intends to host at least 22 public staff workshops in August and early September 2009, and beyond that will conduct a number of additional workshops and hearings. The Commission has launched a beta version of the broadband web site (http://www.broadband.gov) and has already announced plans for Federal Communications Commission FCC 09-65 9 (Continued from previous page) 14. We thus initiate this section 706 inquiry in the midst of our inquiry on the National Broadband Plan. 50 It is neither possible nor desirable to consider these proceedings separate from each other. The questions we ask in this Inquiry are those necessary for the Commission’s sixth section 706 report, which will assess, based on available data, whether broadband is being deployed in a reasonable and timely fashion to all Americans. The National Broadband Plan NOI sought comment on a number of issues relevant to this section 706 inquiry, including the interplay between the requirements of the Recovery Act and section 706. 51 We will incorporate into the record of this section 706 proceeding the comments and other materials received in response to the National Broadband Plan NOI, and invite parties to cross-reference such comments as appropriate. 52 Among the materials included in the record in this proceeding will be the records of the staff workshops that will be held from approximately August 6, 2009, to September 9, 2009, on a variety of broadband related topics. 53 2. BDIA Revisions to the Section 706 Inquiry 15. On October 10, 2008, Congress enacted the BDIA, which substantially revises section 706 to improve the quality and quantity of data the Commission collects on the deployment and adoption of broadband services. 54 These revisions were based on a finding that improving “data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation.” 55 First, the BDIA requires the Commission to publish its section 706 reports expansion and improvement of that web site. In addition, the Commission will be receiving a number of interim reports at forthcoming Open Meetings on topics related to the National Broadband Plan and has announced other interim targets and deadlines. See Federal Communications Commission, The FCC and Broadband: The Next 230 Days, at 9-15 (2009), http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291879A1.pdf; http://www.broadband.gov. The Commission also has announced that the Berkman Center for Internet and Society at Harvard University will help inform the Commission’s efforts in developing the National Broadband Plan by “conduct[ing] an independent expert review of existing literature and studies about broadband deployment and usage throughout the world.” See Harvard’s Berkman Center to Conduct Independent Review of Broadband Studies to Assist FCC, News Release (rel. July 14, 2009) (stating that the results of the Berkman Center review will be made publicly available), http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291986A1.pdf. 50 See National Broadband Plan NOI. 51 National Broadband Plan NOI, 24 FCC Rcd at 4377, para. 108. 52 Consequently, if a party has adequately addressed the issues relevant to this section 706 inquiry in comments submitted in response to the National Broadband Plan NOI, that party can be assured that the Commission will give full consideration to its previously filed comments in this section 706 inquiry. To ensure that the record created in this section 706 proceeding is made part of the record in the National Broadband Plan proceeding, we have cross- docketed the two proceedings (see caption, supra) and we direct commenters to file their submissions in this Inquiry in both dockets. Filing instructions are set forth below. See infra para. 70. 53 See http://www.broadband.gov/workshops.html#schedule; see also supra note 49. 54 BDIA § 101; 47 U.S.C. § 1301. The BDIA also directs a number of other federal agencies to take specific actions related to broadband, including imposing certain broadband data collection requirements on the Census Bureau and the SBA. In particular, the Census Bureau, in consultation with the Commission, is required to expand the Census Bureau’s American Community Survey, which is an annual national survey that collects and produces population and housing information. BDIA § 103(d); 47 U.S.C. § 1303(d). The BDIA expands the American Community Survey by eliciting information from residential households, including those located on native lands, on whether they own or use a computer, subscribe to an Internet access service, and, if so, whether they use dial-up or broadband to connect to the Internet. Id. The BDIA also directs the SBA to conduct a survey evaluating the impact of broadband speed and price on small businesses by October 10, 2010. BDIA § 105. 55 BDIA § 102(3); 47 U.S.C. § 1301(3). Federal Communications Commission FCC 09-65 10 “annually” instead of “regularly,” as previously required. 56 As a result, the Commission will be conducting section 706 inquiries more often than in the past. 16. Second, the BDIA requires the Commission to compile “demographic information for unserved areas” as part of the annual section 706 inquiry. 57 Specifically, the BDIA requires that the Commission “compile a list of geographical areas not served by any provider of advanced telecommunications capability.” 58 To the extent that Census Bureau data are available, the Commission must then “determine, for each such unserved area—(1) the population; (2) the population density; and (3) the average per capita income.” 59 17. Third, the BDIA requires the Commission to include an international comparison in its annual section 706 report. 60 Specifically, the BDIA requires the Commission to engage in a detailed international comparison of the “extent of broadband service capability (including data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers.” 61 For this comparison, the BDIA directs the Commission to choose international communities comparable to U.S. communities with respect to population size, population density, topography, and demographic profile, and include “a geographically diverse selection of countries; and communities including the capital cities of such countries.” 62 As part of the international comparison, the Commission must identify a number of specific similarities and differences in each community, including “their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers.” 63 On March 31, 2009, the Commission released a Public Notice seeking comment on how it should implement the BDIA’s international comparison requirement. 64 In addition, the Commission’s International Bureau sent a number of letters to regulatory agencies and ministries in other countries asking for their cooperation in this task. 65 International Bureau staff also are continuing to gather broadband and other related information from various sources. 66 (continued….) 56 BDIA § 103(a)(1); 47 U.S.C. § 1302(b). Prior to the enactment of the BDIA, section 706 directed the Commission to conduct a regular inquiry, rather than an annual inquiry, as to whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. Compare 47 U.S.C. § 157 nt. (2008) with 47 U.S.C. § 1302(b). 57 BDIA § 103(a)(3); 47 U.S.C. § 1302(c). 58 BDIA § 103(a)(3); 47 U.S.C. § 1302(c). 59 BDIA § 103(a)(3); 47 U.S.C. § 1302(c). 60 BDIA § 103(b); 47 U.S.C. § 1303(b). 61 BDIA § 103(b); 47 U.S.C. § 1303(b). 62 BDIA § 103(b)(2); 47 U.S.C. § 1303(b)(2). 63 BDIA § 103(b)(3); 47 U.S.C. § 1303(b)(3). 64 Comment Sought on International Comparison and Consumer Survey Requirements in the Broadband Data Improvement Act, GN Docket No. 09-47, Public Notice, 24 FCC Rcd 3908 (2009) (BDIA Public Notice). Comments were received by April 10, 2009, and replies were received by April 17, 2009. 65 See, e.g., Letter from John Giusti, Acting Bureau Chief, International Bureau, FCC, to Mr. Jen-Kwey Hong, Director, Department of Planning, National Communications Commission, Taiwan, GN Docket No. 09-47 (rel. May 13, 2009); Letter from John Giusti, Acting Bureau Chief, International Bureau, FCC, to Dr. Ahmed Hiasat, Federal Communications Commission FCC 09-65 11 (Continued from previous page) B. Comprehensive Broadband Data Collection 18. Since the last section 706 report, the Commission and Congress each have taken steps to improve the quality of broadband data that are gathered. As described above, Congress also has delineated additional analysis that must be included in section 706 reports that will rely, in part, on these new data. As described below, these data gathering improvements will greatly enhance the quality of the broadband data that inform the Commission’s section 706 inquiries, as well as the resulting reports. 1. Commission Broadband Data Collection a. Form 477 Data Collection 19. In June 2008, the Commission issued an order revising the Form 477 data collection, 67 and began collecting data using this revised form in March 2009. The revisions to Form 477 increased the precision and quality of the broadband subscribership data the Commission collects from broadband services providers. 68 20. First, the revised Form 477 collects information regarding an expanded number of broadband reporting speed tiers compared to prior iterations of Form 477. The new speed tiers capture more precise information about the upload and download speeds that are available to customers. 69 Second, the revised Form 477 requires wired, fixed wireless, and satellite broadband service providers to report numbers of broadband subscribers by Census Tract, 70 broken down by speed tier and technology type. 71 Formerly, these broadband providers were only required to list those ZIP codes where they provided service to at Chairman and CEO, Telecommunications Regulatory Commission, Jordan, GN Docket No. 09-47 (rel. May 14, 2009); Letter from John Giusti, Acting Bureau Chief, International Bureau, FCC, to Lorena Pineiro Ugarte, Head of International Affairs Department, Undersecretariat of Telecommunications, Chile, GN Docket No. 09-47 (rel. May 14, 2009). 66 See, e.g., Letter from David M. Don, Senior Director, Public Policy, Comcast Corporation, to Marlene H. Dortch, Secretary, FCC, GN Docket No. 09-47 (filed June 9, 2009); Letter from Dr. Herbert Kubicek, Institut für Informationsmanagement Bremen GmbH, Bremen, Germany, GN Docket No. 09-47 (filed June 16, 2009). 67 2008 Broadband Data Gathering Order, 23 FCC Rcd 9691. 68 See FCC Form 477, Instructions for September 1, 2009 Filing, at 2 (explaining the types of entities that must provide broadband data on their Form 477 submissions), http://www.fcc.gov/Forms/Form477/477inst.pdf (FCC Form 477 Instructions). 69 Form 477 instructions direct all Form 477 broadband filers to place broadband connections into speed categories based on the authorized maximum information transfer rate of the end user’s broadband connection. See supra note 15 (setting forth the revised speed tiers). 70 The Census Bureau defines a Census Tract as a “small, relatively permanent statistical subdivision of a county delineated by a local committee of census data users for the purpose of presenting data. Census Tract boundaries normally follow visible features, but may follow governmental unit boundaries and other non-visible features in some instances; they always nest within counties. Designed to be relatively homogeneous units with respect to population characteristics, economic status, and living conditions at the time of establishment, Census Tracts average about 4,000 inhabitants. They may be split by any sub-county geographic entity.” U.S. Census Bureau, http://factfinder.census.gov/home/en/epss/glossary_c.html (last visited July 29, 2009). The Commission selected census-based units over ZIP codes for several reasons, including their stability, and their ability to be correlated with demographic data (e.g., race, income, education, and Tribal land status) that provide policymakers with additional tools to analyze broadband uptake. 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9696-97, para. 12. 71 Technology types include: (1) Asymmetric xDSL; (2) Symmetric xDSL; (3) Other Wireline (copper-wire based); (4) Cable Modem; (5) Optical Carrier (fiber to the home or business end user); (6) Satellite; (7) Terrestrial Fixed Wireless; (8) Terrestrial Mobile Wireless; (9) Electric Power Line; and (10) All Other. FCC Form 477 Instructions at 7-8. Federal Communications Commission FCC 09-65 12 least one subscriber and to provide broadband connection totals by state. 72 Third, the revisions to Form 477 improve the accuracy of information the Commission gathers about mobile wireless broadband deployment, including by specifying which subscriptions must be reported as broadband subscriptions, 73 by modifying how residential connections should be counted, 74 and by requiring reporting by Census Tract of the provider’s coverage area(s). 75 Mobile wireless broadband service providers must report, by state and by speed tier, the number of broadband service subscriptions and the percentage of the subscriptions that are residential. 76 Formerly, mobile wireless providers were required to report the number of their mobile wireless broadband service subscribers in each state, as well as the ZIP codes that best represented the filers’ mobile wireless broadband coverage areas. 77 Fourth, in June 2008, the Commission released a sua sponte reconsideration order that requires wired, fixed wireless, and satellite Form 477 filers to report the percentage of connections that are residential connections, in each broadband speed tier in each Census Tract. 78 21. Broadband providers must file Form 477 twice each year. The Commission staff are in the process of analyzing the first round of Form 477 filings under these new rules, which were due March 16, 2009. The next Form 477 data filings are due on September 1, 2009. We expect that analysis of the first set of revised Form 477 data will be included in the Section 706 Sixth Report. b. Mobile Broadband Network Coverage Maps and Data 22. In addition to our Form 477 data collection, the Commission tracks the deployment of mobile wireless broadband networks using network coverage data acquired through a contract with an independent consulting firm. 79 With this information, the Commission is able to estimate, at the Census Block level, the percentage of the U.S. population and geographic area covered by various mobile broadband network technologies. A Census Block is the smallest geographic entity for which the Census 72 See, e.g., 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9693, para. 6. 73 In the revised Form 477, plans that provide access to the lawful Internet content of the subscriber’s choice are distinguished from plans that allow access only to limited online offerings, such as downloading ringtones and games, and text and multimedia messaging. The Commission clarified that terrestrial mobile wireless providers must report the number of subscribers with broadband-capable devices. The Commission also directed terrestrial mobile wireless providers to report, separately, the number of monthly (or longer term) subscriptions that include a data plan to reach the lawful Internet content of the subscriber’s choice. Id. at 9703-04, para. 23. 74 The Commission directed mobile wireless broadband providers to report as residential subscriptions “those subscriptions that are not billed to a corporate account, to a non-corporate business customer account, or to a government or institutional account.” Id. at 9704, para. 24. 75 Id. at 9698, para. 16 (stating that at the Census Tract level of detail, the mobile wireless broadband providers must report the tracts that “best represent their broadband service footprint for each of the speed tiers in which they offer service”). 76 Id. 77 2004 Broadband Data Gathering Order, 19 FCC Rcd at 22350, para. 18. 78 2008 Broadband Data Gathering Reconsideration Order, 23 FCC Rcd at 9802, para. 7. 79 The consulting firm is American Roamer, which tracks service provision for mobile voice and mobile data services. The Thirteenth CMRS Competition Report describes how the Commission analyzes mobile network coverage. See Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993; Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services, WT Docket No. 08-27, Thirteenth Report, DA 09-54, paras. 37-39, 144-47 (WTB rel. Jan. 16, 2009) (Thirteenth CMRS Competition Report). Federal Communications Commission FCC 09-65 13 t for et, and rvices. Bureau tabulates census data, and there are more than eight million Census Blocks in the United States. 80 The results of the Commission’s analysis of mobile network deployment are included in its Annual CMRS Competition Reports. 81 c. Cable System Broadband Data 23. The Commission also annually collects data on cable system architecture from a sample of cable systems using FCC Form 325. 82 In particular, providers report on a system-wide basis information such as the overall size of the coaxial and fiber cable plant, the average number of subscribers served from the nodes, the total bandwidth of the cable system, whether the provider offers cable modem service, and, if so, the number of cable modem subscribers and the number of leased cable modems. 83 In addition, the Act requires the Commission to assess annually the status of competition in the marke the delivery of video programming. 84 Most recently, on January 16, 2009, the Commission requested data on the status of competition in the market for the delivery of video programming for 2007; similar data for years 2008 and 2009 were requested on April 9, 2009. 85 These notices seek information on, among other things, the broadband service offerings of multichannel video programming distributors (MVPDs), all of which is provided on a voluntary basis. The Commission also collects information on cable broadband services as part of its annual survey of cable industry prices. 86 The survey collects information at the cable system level and includes questions regarding the number of video, Intern telephony customers served over cable facilities, system capacity, speed of Internet service, and package prices of video, Internet, and telephony se 87 d. Consumer Broadband Registry 24. As explained in the 2008 Broadband Data Gathering Order, the Commission determined to create a voluntary consumer broadband registry that households may use to report availability and speed of broadband Internet access service at their premises. 88 This voluntary registry will enable households to use the telephone, mail, e-mail, or the Internet to report the apparent unavailability of broadband service 80 See Thirteenth CMRS Competition Report, para. 37. 81 See id. at paras. 37-39, 144-47. 82 See 1998 Biennial Regulatory Review—Annual Report of Cable Television Systems, Form 325, filed Pursuant to Section 76.403 of the Commission’s Rules, CS Docket No. 98-61, Report and Order, 14 FCC Rcd 4720 (1999); see id. at 4726, para. 12 (explaining that the Commission requires all cable systems with over 20,000 subscribers to submit Form 325 and uses sampling techniques to obtain information regarding cable systems with fewer subscribers). 83 See id. 84 See 47 U.S.C. § 548(g). 85 See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 07-269, Notice of Inquiry, 24 FCC Rcd 750 (2009); Supplemental Notice of Inquiry, 24 FCC Rcd 4401 (2009). 86 Implementation of Section 3 of the Cable Television Consumer Protection and Competition Act of 1992, Statistical Report on Average Rates for Basic Service, Cable Programming Service, and Equipment, MM Docket No. 92-266, Report on Cable Industry Prices, 24 FCC Rcd 259 (2009). The survey reports on a random sample of cable systems serving approximately 750 communities nationwide, which is selected to be representative of the distribution of cable subscribers nationwide in terms of small and large cable systems and competition. 87 See, e.g., FCC Media Bureau, COALS Electronic Filing System User Manual, Version 1.0, Chap. 7 (Sept. 12, 2003), http://fjallfoss.fcc.gov/csb/coals/docs/coalsweb.pdf. 88 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9699, para. 18. Federal Communications Commission FCC 09-65 14 for their locations, as well as information about existing broadband service, such as the type and actual speed of Internet access service they use. This consumer broadband registry currently is under development by the Commission. 2. Broadband Mapping Efforts 25. The Recovery Act directs the NTIA of the Department of Commerce to create “a comprehensive nationwide inventory map of existing broadband service capability and availability” that shows the geographic extent to which that capability is deployed and available for each state. 89 By February 2011, NTIA must make this inventory map accessible to the public on an NTIA website in a form that is both interactive and searchable. 90 NTIA is further required to establish a grant program for state-level broadband availability mapping and other broadband related projects. 91 On July 2, 2009, NTIA released the NTIA State Mapping NOFA setting forth the parameters to “fund projects that gather comprehensive and accurate State-level broadband mapping data, develop State-level broadband maps, [and] aid in the development and maintenance of a national broadband map, and fund statewide initiatives for broadband planning.” 92 Awardees under this program will be required to “submit all of their collected data to NTIA for use by NTIA and the [Commission] in developing and maintaining the national broadband map, which will be displayed on an NTIA Web page before February 17, 2011.” 93 26. Although the NTIA’s broadband map may not be available in time for the Section 706 Sixth Report, a number of other organizations have begun to map broadband availability and related information, some of which have data available now. 94 The entities vary, although most of them are public-private partnerships, 95 or task forces established by a governor and similarly comprised of community, government, and broadband industry representatives. 96 For instance, the USDA hosts an (continued….) 89 Recovery Act § 6001(l); see also BDIA §§ 106(e)(10), (g); 47 U.S.C. § 1304(e)(10), (g); National Broadband Plan NOI, 24 FCC Rcd at 4364-65, para. 61. 90 Recovery Act § 6001(l). 91 BDIA § 106; 47 U.S.C. § 1304; Recovery Act § 6001(l). 92 NTIA State Mapping NOFA, 74 Fed. Reg. at 32547; see also id. (explaining that the State Broadband Data Program “is a competitive, merit-based matching grant program that implements the joint purposes of the Recovery Act and the BDIA through the award of grants”). 93 Id. at 32546. We note that section 106(h) of the BDIA requires the Commission to provide eligible entities involved in state broadband mapping efforts access to aggregate Form 477 data. See BDIA § 106(h); 47 U.S.C. § 1304(h). On July 17, 2009, the Wireline Competition Bureau released a Public Notice seeking comment on how the Commission should implement this particular section of the BDIA. Comment Sought on Providing Eligible Entities Access to Aggregate Form 477 Data as Required by the Broadband Data Improvement Act, WC Docket No. 07-38; GN Docket Nos. 09-47, 09-51, Public Notice, DA 09-1550 (WCB rel. July 17, 2009); see also Dates Established for Comment on Providing Eligible Entities Access to Aggregate Form 477 Data as Required by the Broadband Data Improvement Act, WC Docket No. 07-38; GN Docket Nos. 09-47, 09-51, Public Notice, DA 09- 1598 (WCB rel. July 24, 2009) (stating that comments were due July 30, 2009, and reply comments were due August 4, 2009). 94 See RURAL BROADBAND REPORT at para. 103; INSTITUTE FOR REGULATORY POLICY STUDIES, ILLINOIS STATE UNIVERSITY, BROADBAND ACCESS IN ILLINOIS (2007), http://www.irps.ilstu.edu/broadband/IRPS%20Broadband%20Report%20080907.pdf; E-NC, BROADBAND ACCESS IN NORTH CAROLINA, http://e-ncbroadband.org/ (last visited July 29, 2009). 95 See RURAL BROADBAND REPORT at para. 103. 96 See, e.g., CALIFORNIA BROADBAND TASK FORCE, THE STATE OF CONNECTIVITY, BUILDING INNOVATION THROUGH BROADBAND, FINAL REPORT (2008), www.calink.ca.gov/pdf/CBTF_FINAL_Report.pdf; Federal Communications Commission FCC 09-65 15 (Continued from previous page) interactive map of USDA and United States Department of Housing and Urban Development projects funded by the Recovery Act. 97 In addition, a number of state public utility commissions also map broadband availability, 98 as do certain state-sponsored initiatives. 99 Apart from mapping, these organizations generally seek to promote broadband deployment throughout their states, particularly in rural areas. These organizations typically rely on voluntary submissions of data on residential broadband availability, and the entities collecting the data often sign non-disclosure agreements and make other commitments (such as agreeing to depict only aggregated data) in response to providers’ requests for confidentiality. 100 Many of these mapping efforts have resulted in useful maps of network broadband availability, although we are aware of no state that requires all broadband providers to submit broadband availability data. It also is possible that some state-sponsored and private mapping efforts may not encompass all areas or all providers within a particular state. 101 We note also that certain commenters in the Commission’s broadband availability mapping proceeding question the independence and effectiveness of many of the non-governmental broadband mapping organizations. 102 3. Other Broadband Data Gathering Efforts 27. Congress recently enacted additional broadband data gathering requirements and ordered special studies. We limit our review here to those requirements and initiatives that are likely to inform our section 706 inquiry more directly. 103 a. Commission Consumer Survey 28. The BDIA requires the Commission to conduct a periodic consumer survey for the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability. 104 The results of the consumer survey must be made public at least once per year. 105 The survey must include urban, suburban, and rural areas in the large business, small business, and residential consumer markets. It must, at a minimum, ask questions to determine the types of technology used for the services consumers choose, amounts paid, actual speeds, and the most frequently used applications COMMONWEALTH BROADBAND ROUNDTABLE, FINAL REPORT (2008), http://www.otpba.vi.virginia.gov/pdf/Governor_report.pdf. 97 See United States Department of Agriculture, USDA and HUD ARRA Projects Map, http://www.usda.gov/recovery/map/ (last visited July 29, 2009). 98 See, e.g., VT DEP’T OF PUB. SERV., APPROXIMATE BROADBAND AVAILABILITY IN VERMONT—2006 (2007), http://publicservice.vermont.gov/cable/broadband_availability_map.html.pdf (providing a map of broadband availability) (last visited July 29, 2009). 99 See, e.g., e-NC Authority, Who We Are, http://www.e-nc.org/WhoWeAre.asp (last visited July 29, 2009). 100 RURAL BROADBAND REPORT at para. 103. 101 See id. at para. 104 (“recogniz[ing] the importance of including all rural areas, particularly Tribal lands, in federal mapping efforts”). 102 Id. at para. 103. 103 The Commission also seeks data on the satellite industry for its Annual Satellite Competition Reports, which examine, among other things, the reach of satellite-based, two-way broadband to the home. E.g., Annual Report and Analysis of Competitive Market Conditions with Respect to Domestic and International Satellite Communications Services, IB Docket No. 07-252, Second Report, 23 FCC Rcd 15170 (2008). This is an annual report to Congress about competitive market conditions with respect to domestic and international satellite communications services, and is not primarily designed as a broadband data gathering tool. 104 BDIA § 103(c)(1); 47 U.S.C. § 1303(c)(1) . 105 BDIA § 103(c)(2); 47 U.S.C. § 1303(c)(2) . Federal Communications Commission FCC 09-65 16 and services. It also must ask consumers why they do not subscribe to broadband service and what non- subscription broadband they use. 106 As noted above, on March 31, 2009, the Commission released a Public Notice seeking comment on how it should implement the consumer survey requirements in the BDIA and will implement this provision of the BDIA in the near future. 107 To the extent available, the results of this consumer survey also will inform our section 706 report. b. GAO Broadband Metrics and Standards Study 29. The BDIA requires the GAO’s Comptroller General to conduct a study on broadband metrics and standards and submit a report to Congress on the results of its study by October 10, 2009. 108 The study will evaluate the “broadband metrics that may be used by industry and the Federal Government [including the Commission] to provide users with more accurate information about the cost and capability of their broadband connection[s], and to better compare the deployment and penetration of broadband in the United States with other countries.” 109 30. As part of that effort, the GAO is required to consider potential standards or metrics that may be used: (1) to calculate the average price per megabit per second of broadband offerings; (2) to reflect the average actual speed of broadband offerings compared to advertised potential speeds and to consider factors affecting speed that may be outside the control of a broadband provider; (3) to compare, using comparable metrics and standards, the availability and quality of broadband offerings in the United States with the availability and quality of broadband offerings in other industrialized nations, including countries that are members of the Organization for Economic Cooperation and Development; and 106 BDIA § 103(c)(1); 47 U.S.C. § 1303(c)(1). Specifically, section 103(c)(1) of the BDIA states: “For the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine—(A) the types of technology used to provide the broadband service capability to which consumers subscribe; (B) the amounts consumers pay per month for such capability; (C) the actual data transmission speeds of such capability; (D) the types of applications and services consumers most frequently use in conjunction with such capability; (E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability; (F) other sources of broadband service capability which consumers regularly use or on which they rely; and (G) any other information the Commission deems appropriate for such purpose.” BDIA § 103(c)(1); 47 U.S.C. § 1303(c)(1). 107 BDIA Public Notice; see also supra note 64. 108 BDIA § 104(b). Specifically, the BDIA states that, “[n]ot later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the results of the study.” Id. 109 BDIA § 104(a). Federal Communications Commission FCC 09-65 17 (4) to distinguish between complementary and substitutable broadband offerings in evaluating deployment and penetration. 110 31. The GAO also is required to provide specific “recommendations for how industry and the Federal Communications Commission can use such metrics and comparisons to improve the quality of broadband data and to better evaluate the deployment and penetration of comparable broadband service at comparable rates across all regions of the Nation.” 111 We anticipate taking into account in the present Inquiry any data included by the GAO in its report. 4. Other Broadband Legislation and Ongoing Commission Efforts 32. Congress and the Commission have taken a number of additional actions related to broadband that may be relevant to this Inquiry. Because we summarized these actions in the recent National Broadband NOI, there is no need to repeat that discussion here. 112 IV. SPECIFIC ISSUES FOR INQUIRY 33. The fundamental issue we address is whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. To guide our inquiry, we break this fundamental issue down into its component parts and seek comment on each of them specifically. In the following paragraphs we ask: (1) How should we define “advanced telecommunications capability” or “broadband?” (2) Is broadband available to all Americans? (3) Is the current level of broadband deployment reasonable and timely? (4) What actions, if any, should the Commission take to accelerate broadband deployment? (5) What actions should the Commission take to improve its regular broadband data collection efforts? In seeking comment, we solicit information according to the framework of section 706, as amended by the BDIA. This inquiry also will be guided by the recent Congressional and Commission actions described above. We also invite the Advanced Services Joint Conference to submit any information that it deems appropriate into this docket. We ask all parties to provide data to support their assertions whenever possible. A. What Is Advanced Telecommunications Capability or Broadband? 34. Section 706(c)(1) defines advanced telecommunications capability “without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, graphics, and video telecommunications using any technology.” 113 Previous section 706 reports relied on static definitions of advanced telecommunications capability, which were tied to a specific transmission speed cut off. 114 The (continued….) 110 BDIA § 104(a). 111 BDIA § 104(b). 112 See National Broadband Plan NOI, 24 FCC Rcd at 4384, Appendix; see also supra para. 13. 113 47 U.S.C. § 1302(d)(1). 114 See, e.g., Section 706 Fourth Report, 19 FCC Rcd at 20551-52; Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Federal Communications Commission FCC 09-65 18 (Continued from previous page) Commission has used the terms “advanced telecommunications capability,” “advanced services,” and “broadband” to describe services and facilities with both an upstream (customer-to-provider) and a downstream (provider-to-customer) transmission speed of more than 200 kbps. 115 The Commission has also used the term “high-speed” to describe services and facilities with more than 200 kbps capability in at least one direction. 116 In the Section 706 Fifth Report, the Commission for the first time evaluated advanced telecommunications capability by speed tiers, including a “basic broadband tier 1” of services equal to or greater than 768 kbps but less than 1.5 mbps in the faster direction. 117 In light of the broadband goals and data collection efforts discussed above, we seek comment on how to define “advanced telecommunications capability” and “broadband” for purposes of our sixth section 706 report. 35. Depending on the context, Congress and the Commission have used a variety of terms to refer to similar capabilities, including “advanced telecommunications capability,” 118 “broadband,” 119 and “high-speed” services. 120 We seek comment on whether such terms should have a unified definition in the section 706 report. We also seek comment on whether these terms should have the same meanings ascribed to them in other Commission proceedings (at least on a going-forward basis). In particular, we seek comment on whether the Commission should use the same definitions in both the section 706 inquiry and the National Broadband Plan proceedings. In the National Broadband Plan NOI, we sought comment about how to define “broadband” in the context of developing the National Broadband Plan. 121 For example, we asked whether the definition of broadband should be tied to “a numerical definition or an experiential metric;” 122 whether it should include a “dependability metric;” 123 and whether the definition should account for differences in technology, service to residential and business customers, or service to urban, suburban, and rural areas. 124 Further, some of the key definitional questions regarding “advanced telecommunications capability,” which we discuss in more detail below, may echo similar questions asked in the National Broadband Plan NOI. As explained above, we will incorporate responses to the National Broadband Plan NOI into our record here and will consider comments on how to define Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, GN Docket No. 07-45, Notice of Inquiry, 22 FCC Rcd 7816, 7819, para. 12 (2007) (Section 706 Fifth NOI). 115 See, e.g., Section 706 Fourth Report, 19 FCC Rcd at 20551; see also supra para. 4. 116 See supra para. 4. 117 See Section 706 Fifth Report, 23 FCC Rcd at 9617, para. 4 (finding it appropriate “to evaluate broadband deployment by monitoring the migration of customers and services to higher speed tiers”); see also 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9701, para. 20 n.66 (using the term “basic broadband tier 1” to refer to services equal to or greater than 768 kbps but less than 1.5 mbps in the faster direction). 118 47 U.S.C. § 1302(d)(1). 119 See 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9701, para. 20 n.66. 120 See, e.g., Section 706 Fifth Report, 23 FCC Rcd at 9616, para. 2 (discussing the use of these terms generally); 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9701, para. 20 n.66 (using the term “basic broadband”); 47 U.S.C. § 1301 (referring to “broadband” in the BDIA findings); 47 U.S.C. § 1302(d) (defining “advanced telecommunications capability” for purposes of the section 706 inquiry); Recovery Act § 6001(k)(2) (referring to “broadband capability”). 121 See National Broadband Plan NOI, 24 FCC Rcd at 4346-48, paras. 15-22. 122 Id. at 4347, para. 17 (characterizing experiential metrics as “based on the consumer’s ability to access sufficiently robust data for certain identifiable broadband services”). 123 Id. at 4348, para. 19. 124 Id. at 4347-48, para. 19. Federal Communications Commission FCC 09-65 19 “advanced telecommunications capability” or “broadband” in that proceeding in response to this Inquiry as well. 125 36. We also seek comment on the definitions of broadband used by other government agencies and whether we should adopt such definitions for the purposes of our section 706 inquiry. For example, the USDA’s RUS regulations for the Community Connect Grant Program provide that “Broadband Transmission Service means providing an information-rate equivalent to at least 200 kilobits/second in the consumer’s connection to the network, both from the provider to the consumer (downstream) and from the consumer to the provider (upstream).” 126 The joint NTIA and RUS NOFA for broadband grants, released on July 1, 2009, defines broadband as “providing two-way data transmission with advertised speeds of at least 768 kilobits per second (kbps) downstream and at least 200 kbps upstream to end users, or providing sufficient capacity in a middle mile project to support the provision of broadband service to end users.” 127 The NTIA NOFA on state broadband mapping efforts, released on July 2, 2009, contains essentially the same definition of broadband. 128 We also seek comment on whether we should consider definitions of broadband used by other countries and how such definitions might inform our definitions. How should these definitions and concepts inform our definition of “advanced telecommunications capability” or “broadband” in the section 706 context? 37. To the extent broadband should be defined by “speed,” should we consider raising the minimum speed we have used to define broadband in past section 706 inquiries? We seek comment on whether our definition should be static or dynamic (from report to report), with speed tiers that account for changes over time in technology, available applications, or consumer usage and demand. In particular, should broadband be defined by reference to the new Form 477 speed tiers? If so, which of the new speed tiers should be considered to be broadband? As the data available to the Commission become more detailed, to what extent should the Commission aggregate or disaggregate those data in its section 706 reports? Section 706(c)(1) defines advanced telecommunications capability as capability that enables users to both “originate” and “receive” certain advanced services. As mentioned above, certain public interest groups have argued that most commercially available broadband technologies offer insufficient upstream capability to enable consumers to originate high-quality video content. 129 Should the definition focus on downstream capabilities, upstream capabilities, or both? Should the upstream and downstream capabilities be symmetrical? To the extent broadband is defined by speed tiers, how should it account for upstream and downstream speeds? 38. Section 706(c)(1) specifies that advanced telecommunications capability is defined “without regard to any transmission media or technology,” and includes the provision of certain advanced services “using any technology.” We seek comment on whether, consistent with the statute, we may define “broadband” to account for different types of transmission technologies. If so, should our definition account for the fact that a range of technologies may be used to provide services in a variety of situations? 130 For example, should a different set of standards be used to identify mobile broadband (continued….) 125 As previously noted, a party that has filed comments in response to the National Broadband Plan NOI can be assured that the Commission will give full consideration to its previously filed comments in this section 706 inquiry. See supra para. 14. 126 7 C.F.R § 1739.3. 127 NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33108. 128 NTIA State Mapping NOFA, 74 Fed. Reg. at 32548; see id. Technical App. at 32557, 32560, 32562. 129 See Consumers Union Section 706 Fifth Report Reconsideration Petition at 2. 130 Broadband deployments include wireless broadband services offered using the Advanced Wireless Service, 700 megahertz (MHz), Broadband Radio Service (BRS), Personal Communication Services (PCS), Cellular, 3650-3700 MHz, or unlicensed (including TV White Spaces) spectrum bands. Wireless broadband services typically rely on Federal Communications Commission FCC 09-65 20 (Continued from previous page) services—which allow mobility or portability but may have lower throughputs—and fixed broadband services? How should the definition account for satellite technology, which has wide-spread geographic availability but comparatively limited bandwidth and relatively high latency? To what extent does the widespread adoption of new Internet-based applications, over time, influence the definition of what “advanced” means to consumers? 39. Broadband capability is not necessarily limited to broadband Internet access services offered to end users. 131 Does broadband include the special access services from one or more incumbent LECs, wireless services providers, or other carriers that Internet service providers (ISPs) purchase to transmit end-user traffic to Internet backbone service providers? The term “middle mile” has been used to describe the facilities necessary to connect broadband providers to Internet access points. For example, the Rural Broadband Report described broadband middle mile facilities as broadband “facilities that are commonly used to connect the ‘last mile’ ISP with an Internet backbone service provider.” 132 How should we define the term middle mile? Alternatively, to what extent should middle mile and special access facilities and services be included in the definition of broadband? What differences, if any, are there between middle mile and special access facilities and services? We seek comment on how parties use, or would like to use, middle mile and special access facilities and services to deliver broadband. What types of technologies are typically used for middle mile connections? How do the capabilities of and needs for middle mile and special access services vary among rural, urban, and suburban environments? How do the availability of middle mile and special access facilities and services affect the delivery of broadband services to end users? Are there areas of the country where middle mile and special access facilities are not available or are prohibitively expensive? We ask parties to submit data to support their assertions. What other middle mile and special access issues are relevant to the section 706 inquiry? 40. We seek comment on whether there are patterns of consumer adoption and usage of services utilizing broadband. How and why do consumers, both individuals and businesses, adopt and use services utilizing broadband? Do broadband adoption rates vary by type of consumer, and, if so, why? For example, we seek comment on whether adoption rates vary for minority consumers, persons with disabilities, individuals living on Tribal lands, low-income consumers, or consumers of different age Worldwide Interoperability for Microwave Access (WiMAX), Long Term Evolution (LTE), High Speed Packet Access (HSPA), CDMA Evolution-Data Optimized (EV-DO), or Wi-Fi technologies. Broadband deployments further include those offered using fiber, DSL, cable (e.g., Data-Over-Cable Service Interface Specification (DOCSIS) 3.0), or Broadband over Power Line (BPL) technologies. 131 See, e.g., Section 706 Third Report, 17 FCC Rcd at 2853-54, paras. 14-16; see also id. at 2853, para. 14 (explaining that “[a]dvanced services are provided using a variety of public and private networks that rely on different network architectures and transmission paths”). 132 RURAL BROADBAND REPORT at para. 114; see also Section 706 Third Report, 17 FCC Rcd at 2853-54, paras. 15- 16 (distinguishing between “long haul communications transport facilities, middle mile, last mile, and last 100 feet” and stating that “middle mile facilities provide relatively fast, large-capacity connections between long haul facilities and last mile” and that “[m]iddle mile facilities can range from a few miles to a few hundred miles. They are often constructed of fiber optic lines, but microwave and satellite links can be used as well.”); NTIA State Mapping NOFA, Technical App. 74 Fed. Reg. at 32562 (defining “middle-mile and backbone interconnection points” collectively as providing “connectivity between . . . a service provider’s network elements (or segments) or . . . between a service provider’s network and another provider’s network, including the Internet backbone” and noting that “[m]iddle mile and backbone interconnection points typically enable relatively fast data rates, are built to handle substantial capacities, and may be service-quality assured”); NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33109 (defining a middle mile project as “a broadband infrastructure project that does not predominantly provide broadband service to end users or to end-user devices, and may include interoffice transport, backhaul, Internet connectivity, or special access”). Federal Communications Commission FCC 09-65 21 groups. 133 We also seek comment on how education level affects adoption rates. In addition, the widespread adoption of new Internet-based applications, over time, may influence the definition of what “advanced” means. We invite parties to provide references to scholarly studies and hard data that describe consumers’ use and adoption of broadband and demonstrate what applications consumers are adopting and using. For example, the PEW/Internet & American Life Project regularly conducts surveys and publishes research on Americans’ broadband connections and use of the Internet. 134 We seek comment on how such research efforts should inform the definition of broadband and, more generally, our section 706 inquiry. 41. With technology developing at a rapid pace, it is important that our definition of broadband remain relevant and not be rendered obsolete by shifts in technological platforms or other new technological advances. We thus seek comment on how our definition can best be designed to remain sufficiently flexible to account for the continuously evolving technological environment. In addressing this issue, commenters should discuss the extent to which any changes to the definition of broadband would affect the Commission’s ability to perform year-over-year analyses of the relevant data. B. Is Broadband Available to All Americans? 1. Definition of Availability 42. Section 706(b) requires the Commission to conduct an “inquiry concerning the availability of advanced telecommunications capability to all Americans.” 135 In the Section 706 First Report, the Commission stated that availability “refers to a consumer’s ability to purchase a capability that has been deployed.” 136 Does this description form the basis of an adequate definition of availability? More generally, we seek comment on what it means for broadband to be “availab[le].” 43. In the past, our section 706 inquiries have used subscribership data collected through Form 477 as an indicator of availability. 137 The most current published Form 477 data indicate that, as of June (continued….) 133 See infra paras. 56-61; see also Recovery Act § 6001(b)(3)(B) (referring to the “aged” as “vulnerable populations”); SUSANNAH FOX & SYDNEY JONES, PEW RESEARCH CENTER PUBLICATIONS, PEW INTERNET AND AMERICAN LIFE PROJECT, GENERATIONS ONLINE IN 2009 (2009), http://pewresearch.org/pubs/1093/generations- online (reporting broadband-in-the-home and Internet use patterns by age cohort); JOHN B. HORRIGAN, PEW RESEARCH CENTER PUBLICATIONS, PEW INTERNET AND AMERICAN LIFE PROJECT, HOME BROADBAND ADOPTION 2009 (2009), http://pewresearch.org/pubs/1254/home-broadband-adoption-2009.aspx (2009 PEW BROADBAND ADOPTION STUDY) (reporting that broadband usage among adults ages 65 or older grew from 19% in May 2008 to 30% in April 2009). 134 See, e.g., 2009 PEW BROADBAND ADOPTION STUDY; see also IDA Singapore, Infocomm Usage – Households & Individuals, http://www.ida.gov.sg/Publications/20070822125451.aspx (last visited July 29, 2009) (statistical charts on, among other things, individual usage of select Internet services); CENSUS AND STATISTICS DEPARTMENT, GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, THEMATIC HOUSEHOLD SURVEY REPORT NO. 37: INFORMATION TECHNOLOGY USAGE AND PENETRATION (2008), http://www.censtatd.gov.hk/products_and_services/products/publications/statistical_report/social_data/index_cd_B1 130237_dt_latest.jsp (includes data on PC and Internet penetration, usage of Internet service, and usage of electronic business services); CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION, DECIMA STUDY ON ACCESS TO NEWS SOURCES (2007), http://www.crtc.gc.ca/eng/publications/reports/decima2007.htm (describing the results of a commissioned study on media usage). 135 47 U.S.C. § 1302(b) (emphasis added). 136 Section 706 First Report, 14 FCC Rcd at 2410, para. 30. 137 See supra Part II; Section 706 Fifth NOI, 22 FCC Rcd at 7821, para. 14 (relying on the “association between subscription and deployment,” the Commission reasoned that “such data collection provides a means to assess the pace at which advanced telecommunications capabilities are being made available in different parts of the country and across different demographic groups”); Section 706 First Report, 14 FCC Rcd at 2402, para. 7 (relying on Federal Communications Commission FCC 09-65 22 (Continued from previous page) 2008, the number of high speed lines nationwide reached 132.8 million and that 95 percent of ZIP codes had four or more providers with high speed lines in service. 138 As described above, the Commission’s revised Form 477 data collection requires providers to submit more detailed data on subscribership. 139 In conducting this inquiry, the Commission will, at a minimum, evaluate the new subscribership data available from our revised Form 477 data collection. We expect those data will enable us to identify the presence of a provider, or multiple providers, at the more granular Census Tract level (and, therefore, also at the county level 140 ) as well as enabling other types of analysis such as market penetration analysis. Also, incumbent local exchange carriers and cable TV systems will continue to report, on Form 477, the percentage of residential premises in their service areas where they offer DSL or cable modem high-speed Internet access service, respectively. 141 We note that the mobile wireless broadband network coverage maps and the underlying data on which they are based, described above, allow the Commission to determine the availability of mobile broadband services at the Census Block level. We seek comment on the possible ways of analyzing the Form 477 data and the mobile wireless broadband maps and data (e.g., the American Roamer mobile services data). We also seek comment on ways to analyze other sources of data available to the Commission to the extent they reflect broadband availability. 44. We also seek comment on the extent to which the developing broadband mapping efforts can and should influence this inquiry (or future inquiries) concerning broadband availability. In the NTIA State Mapping NOFA, NTIA states that, for its state mapping grant purposes, it will consider broadband service “‘available’ to an end user at an address if a broadband service provider does, or could, within a typical service interval (7 to 10 business days) without an extraordinary commitment of resources, provision two-way data transmission to and from the Internet with advertised speeds of at least 768 kilobits per second (kbps) downstream and at least 200 kbps upstream to the end user at the address.” 142 We seek comment on how NTIA’s definition of “available” should inform our section 706 inquiry into broadband availability. More generally, we seek comment on the extent to which infrastructure data collected for broadband mapping efforts can serve as a measure of broadband availability for section 706 purposes. Should “availability” for section 706 purposes be derived (in whole or in part) based on the data underlying broadband maps that would identify where broadband infrastructure is deployed across the country? 143 What broadband mapping infrastructure data for particular states has been compiled that the Commission could rely on to inform the present inquiry? We ask parties to identify other data the Commission has or that we could obtain from other sources to inform our Inquiry. 45. Section 706 specifically directs the Commission to conduct an inquiry “concerning the availability of advanced telecommunications capability to all Americans.” 144 Subscribership data, subscribership data as a proxy for deployment and availability, and noting that such data “may not be a precise estimate of actual deployment and availability”). 138 July 2009 High Speed Report at Tables 1, 15. 139 See supra Part III.B.1.a. 140 Census Tracts never cross county boundaries. See supra note 70. Therefore, county level data are available wherever comprehensive Census Tract data are available. 141 In June 2008, DSL service was estimated to be offered to 83% of residential premises in the local telephone company service areas on average, and to 96% of the residential premises passed by cable TV plant on average. July 2009 High Speed Report at Table 14. 142 NTIA State Mapping NOFA 74 Fed. Reg. at 32548; see id., Technical App. at 32557. 143 The Recovery Act gave the Commission access, for use in developing a national broadband plan, to all data provided to other federal agencies under the BDIA. See supra note 46; Recovery Act § 6001(k)(3). 144 47 U.S.C. § 1302(b) (emphasis added). Federal Communications Commission FCC 09-65 23 although an indicator of broadband availability, is a measure of the adoption of broadband services. We seek comment on whether, and to what extent, continued reliance on subscribership data to determine availability is appropriate. For example, would continued reliance on subscribership data allow greater continuity with our prior section 706 reports, provide a useful counterpart to infrastructure data, or highlight gaps between availability and demand that should be investigated? Would continued reliance on subscribership data in our section 706 reports serve other national goals, such as seeking to expand broadband usage? 145 Once the Commission obtains detailed information on where broadband infrastructure is deployed, such as from mapping data, should the Commission rely solely on such infrastructure data or should it continue to rely, at least in part, on Form 477 subscribership data in its section 706 inquiries? 46. We also seek comment on whether the Commission’s annual section 706 inquiry should be expanded. For example, the nation’s broadband policy goals now seek to encourage increased utilization of broadband in addition to the ubiquitous deployment of broadband facilities. 146 Would it be useful and appropriate for the Commission to assess the level of demand for broadband services in its section 706 inquiry? If so, what should the scope of any such inquiry be and upon what data should the Commission rely? Even if such assessment would be appropriate and useful, would it make more sense for the Commission to defer such inquiry until benchmarks for the National Broadband Plan have been established? 147 47. We seek comment on whether and how the existence of community anchor institutions and publicly available Internet access points (e.g., Wi-Fi hotspots, public libraries, and Internet cafes), should affect our consideration of availability. For instance, we seek comment on what entities the Commission should consider to be community anchor institutions. NTIA has defined “community anchor institutions” as “[s]chools, libraries, medical and healthcare providers, public safety entities, community colleges and other institutions of higher education, and other community support organizations and entities.” 148 Is this definition of community anchor institutions appropriate for the Commission to use for purposes of the section 706 report? We seek comment on the extent and role of community anchor institutions and publicly available Internet access points across the nation, and the extent to which they are available in urban, rural, and suburban areas, as well as in Tribal areas. 149 Further, we seek comment on how the existence of these institutions and access points affects consumer adoption and usage of broadband services. 145 See infra note 147. 146 See Recovery Act § 6001(k)(2)(B), (D) (declaring that the National Broadband Plan shall include “a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public” and “a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety” and a number of other national purposes); see also Recovery Act § 6001(b)(5) (declaring that one of the purposes of the Broadband Technology Opportunities Program is to “stimulate the demand for broadband”). 147 The Recovery Act directs the Commission to “establish benchmarks for meeting th[e] goal” that all people of the United States have access to broadband capability. Recovery Act § 6001(k)(2). 148 NTIA State Mapping NOFA, 74 Fed. Reg. at 32548, Technical App. at 32563; see also NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33108 (“Community anchor institutions means schools, libraries, medical and healthcare providers, public safety entities, community colleges and other institutions of higher education, and other community support organizations and agencies that provide outreach, access, equipment and support services to facilitate greater use of broadband service by vulnerable populations, including low-income, unemployed, and the aged.”). 149 See, e.g., National Broadband Plan NOI, 24 FCC Rcd at 4349, para. 23. Federal Communications Commission FCC 09-65 24 48. We welcome additional data from other sources that will enable us to make informed judgments about broadband availability. We request objective, empirical data from companies, think tanks, governments, analysts, consumer groups, and others. In addition to data related to the specific locations where broadband may be accessed, we seek comment on other issues related to availability. For example, how, if at all, should the price of broadband relate to the availability of these services for all Americans? What sources of data are available on the price and quality of broadband and how should the Commission evaluate such data to determine whether these services are affordable and available to all Americans? 150 We also seek comment on what other factors consumers consider in their decision to subscribe to broadband. What is the significance of equipment or software costs consumers must incur to subscribe to broadband? Do certain applications drive the adoption of broadband and, if so, which ones? Do concerns about computer security (e.g., identity theft, computer viruses/worms) affect consumers’ decisions to adopt and use broadband? 151 What surveys or data are available relating to the actual speed of broadband used by customers as compared to the speed advertised or otherwise claimed by providers and how should the Commission evaluate such data? 152 We also seek comment on whether the marketplace is working and whether there are any specific, verifiable examples of anticompetitive conduct in the broadband market that are occurring today. 49. Finally, while we invite parties to submit their own data on broadband availability in this docket, we recognize that such submissions raise concerns about the confidentiality of proprietary data. We seek comment on how the Commission should balance legitimate confidentiality interests in the information it collects against the goals of accountability and openness, including enabling the public to measure and review progress. 153 2. Trends in Developing Technologies 50. In prior reports, the Commission looked closely at the various existing and newly emerging technologies capable of providing broadband. Most recently, the Section 706 Fifth Report described in detail several technologies used to provide advanced services: (1) cable modem service; (2) DSL (especially asymmetric DSL, or ADSL); (3) fiber-based wireline technologies, specifically fiber-to-the- home (FTTH) and fiber-to-the-curb (FTTC); (4) licensed wireless technologies; (5) unlicensed wireless technologies; (6) BPL; and (7) satellite service. 154 We seek comment on technological developments that have occurred since the Section 706 Fifth Report. What new network or other technologies, such as WiMAX and LTE, are currently being deployed? How widely have such new technologies been deployed, and what percentages of customers utilize such services? To what extent has the development of innovative applications or end-user devices influenced broadband adoption generally? Further, what 150 See, e.g., 2009 PEW BROADBAND ADOPTION STUDY (reporting that, from 2008 to 2009, the average price subscribers to premium broadband service were charged rose from $38.10 to $44.60 per month, and that, for basic broadband, the average price rose from $32.80 to $37.10 per month over this same time period). 151 See Office of the Press Secretary, White House, Remarks by the President on Securing Our Nation’s Cyber Infrastructure (rel. May 29, 2009). 152 SEE IDATE CONSULTING & RESEARCH, BROADBAND COVERAGE IN EUROPE, FINAL REPORT: 2008 SURVEY (2008), http://ec.europa.eu/information_society/eeurope/i2010/docs/benchmarking/broadband_coverage_2008.pdf (presenting results of survey on broadband coverage and take-up across Europe (EU-27 Member States + Norway and Iceland)); PATRIK SANDGREN, SWEDISH POST AND TELECOM AGENCY (PTS), REPORT NO. PTS-ER-2009:8, BROADBAND SURVEY 2008 – A GEOGRAPHICAL OVERVIEW OF BROADBAND INFRASTRUCTURE IN SWEDEN (2009), http://www.pts.se/upload/Rapporter/Internet/2009/broadband-survey-2008-pts-er-2009-8.pdf (government commissioned report analyzing access to broadband in Sweden). 153 See National Broadband Plan NOI, 24 FCC Rcd at 4351, para. 32. 154 See Section 706 Fifth Report, 23 FCC Rcd at 9619-29, paras. 8-24. Federal Communications Commission FCC 09-65 25 rved broadband technologies have not yet been deployed, but are expected to be deployed in the near future? Finally, we seek comment on whether certain technological developments are likely to be particularly beneficial to specific groups of consumers, such as rural or Tribal consumers, or customers with disabilities? 51. We also seek comment on what innovative technologies are not yet deployed, but the deployment of which are expected in the near future. The Commission’s Form 477 data collection program captures the marketplace presence of broadband services that utilize new and innovative technologies once consumer use of the services occurs. Our data collection does not, however, directly monitor the development of new technologies with likely, or possible, application to advanced services. Nor does our data collection program directly monitor the development of innovative applications that utilize broadband. We therefore invite parties to bring to our attention technologies on the horizon that might be used by current or potential providers to deliver new technologies or broadband services to consumers. In addition, we are interested in technologies that might be used directly by consumers, e.g., within the consumer’s premises, to lower the cost or difficulty of installing or using advanced services. We also are interested in technologies that might enable new broadband applications to become of interest to consumers. C. Is Broadband Deployment Reasonable and Timely? 52. Section 706 requires the Commission to determine “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” 155 We seek comment on how the developments discussed in Part III above should inform our inquiry into the reasonableness and timeliness of broadband deployment to all Americans. Once again, we will incorporate comments filed in the National Broadband Plan NOI into our record here, and also invite parties to file comments that are relevant to the questions set forth below. 156 53. We seek comment generally on whether broadband is being deployed to all Americans in a reasonable and timely fashion, and ask commenters to describe the empirical basis for their conclusions. Additionally, we seek comment on how to evaluate whether deployment is “reasonable and timely.” What level of broadband deployment is “reasonable”? How should we assess the timeliness of broadband deployment? How granular should our examination of these issues be? In particular, we ask how the evolution in broadband goals since our Section 706 Fifth Report affects our determination of whether deployment of broadband is “reasonable and timely.” 54. As discussed above, pursuant to section 103(a)(3) of the BDIA, the Commission must compile “a list of geographical areas that are not served by any provider of advanced telecommunications capability,” and “to the extent that data from the Census Bureau [are] available, determine for each unserved area: (1) the population; (2) population density; and (3) average per capita income.” 157 We seek comment on how the Commission should implement this new broadband data collection requirement. In particular, we seek comment on how to define “geographic area” in the context of deployment of broadband, and its relationship to Census Bureau data. Should we define the “geographical area” in terms of Census Tracts, which the Commission uses for Form 477, or other Census-defined terms, or would another geographic area enable the Commission to identify unse 155 47 U.S.C. § 1302(b) (emphasis added). 156 See e.g., National Broadband Plan NOI, 24 FCC Rcd at 4346-50, 4361-62, 4364-65, paras. 15-28, 54-57, 61-62 (requesting comment on how to define broadband, broadband affordability and utilization, and subscribership data and mapping); see supra para. 14. 157 BDIA § 103(a)(3); 47 U.S.C. § 1302(c); see also National Broadband Plan NOI, 24 FCC Rcd at 4364-65, para. 61. Federal Communications Commission FCC 09-65 26 d y ologies S areas in a more useful and comprehensive way? 158 Further, how should the Commission identify an address relatively small geographic areas that are unserved when neighboring or surrounding areas are served? We also seek comment on whether use of the terminology “areas that are not served by an provider” 159 in this proceeding is the same as or different from the term “unserved” as defined by NTIA and RUS in their implementations of the Recovery Act. 160 In particular, NTIA and RUS adopt the smaller Census Blocks as the relevant geographic area, rather than Census Tracts. We seek comment on whether the Commission should similarly rely on Census Block data for our section 706 analysis to the extent such data are available. Further, we seek comment on whether we should consider all techn in examining whether an area is not served by any provider of broadband. For example, NTIA and RU will exclude satellite broadband service when determining whether an area is unserved for purposes of their broadband grant programs. 161 Should we adopt a similar rationale here and exclude satellite broadband providers when identifying areas not served by any provider of broadband? 162 Finally, we seek comment on how the list of geographic areas not served by any provider should inform our analysis of whether broadband service is being deployed to all Americans in a reasonable and timely fashion. We ask parties to provide us data and analyses regarding the reasons why these areas are not served. 55. As required by section 706(a), we seek comment on the deployment of broadband to elementary and secondary schools and classrooms, 163 an area in which the federal universal service fund, specifically, the schools and libraries support mechanism (also known as the E-rate program), provides substantial support. 164 Specifically, we seek comment regarding broadband availability to students that attend elementary and secondary schools. Are there particular groups of students that lack sufficient access to broadband? As the Commission noted in the Section 706 Fifth NOI, a 2006 study released by the National Center for Education Statistics found that nearly 100 percent of public schools in the United States had Internet access, and 97 percent of these schools used broadband connections to access the Internet. 165 In 1997, only 27 percent of public school instructional classrooms had Internet access; that 158 See http://www.census.gov/geo/www/cen_tract.html (describing Census Tracts and block numbering areas) (last visited July 29, 2009); http://www.census.gov/geo/www/ezinter.html (the Census Bureau’s resource site for selected federal programs) (last visited July 29, 2009). 159 BDIA § 103(a)(3); 47 U.S.C. § 1302(c). 160 See NTIA State Mapping NOFA, 74 Fed. Reg. at 32549 (defining “Unserved Area” as “[a]n area composed of one or more contiguous census blocks where at least 90 percent of households in the service area lack access to facilities-based terrestrial broadband service, either fixed or mobile, at the minimum broadband transmission speed (set forth in the definition of broadband [elsewhere in the NOFA]). A household has access to broadband service if the household can readily subscribe to that service upon request.”); NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33109 (same definition). 161 See NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33130 (stating that “an area that has only high-latency satellite service will . . . qualify as ‘unserved’”); id. (“RUS and NTIA do not include existing satellite service in defining whether a given area is unserved, even though such service may meet the threshold speed level to qualify as broadband service under the definition adopted in this NOFA. Because the general reach of satellite service can extend to the entire country, it is excluded as a factor in the unserved definition to avoid a finding that no area in the United States would be considered unserved. Such a finding would render the term meaningless.”). 162 See supra para. 38 (discussing latency concerns of satellite services). 163 See 47 U.S.C. § 1302(b). 164 See 47 C.F.R. §§ 54.500-54.523. 165 See Section 706 Fifth NOI, 22 FCC Rcd at 7825, para. 28; JOHN WELLS & LAURIE LEWIS, U.S. DEPARTMENT OF EDUCATION, PUB. NO. NCES 2007-020, INTERNET ACCESS IN U.S. PUBLIC SCHOOLS AND CLASSROOMS: 1994-2005, 4-5 (2006), http://nces.ed.gov/pubs2007/2007020.pdf (NCES Study). Federal Communications Commission FCC 09-65 27 figure increased to 94 percent in 2005. 166 Do these figures support a conclusion that broadband is being deployed to elementary and secondary schools and classrooms on a reasonable and timely basis, including in Indian Country? Are there any other sources of information that would provide insight into whether the deployment of broadband service to elementary and secondary schools and classrooms is occurring on a reasonable and timely basis? The NCES Study results indicate that schools in rural areas have lower broadband adoption rates than their counterparts in cities, suburbs and towns. 167 Also according to the NCES Study, smaller schools appear less likely than larger schools to have broadband connections. 168 We seek comment on whether there are other particular barriers that impede or hinder access to broadband by schools. Are there additional ways in which the Commission can assist schools located in geographically isolated areas to improve access to broadband services? 56. We request comment on the meaning of the term “all Americans” as it relates to the reasonable and timely deployment of broadband capabilities. In the Section 706 Fifth NOI, the Commission sought comment regarding businesses, residential consumers, rural communities, elementary and secondary students, minority consumers, persons with disabilities, and individuals living on Tribal land and in the U.S. territories. 169 As a threshold question, we seek comment regarding whether these categories remain adequate for evaluating broadband deployment to “all Americans.” Should we separately examine these categories in this Inquiry? Should we further disaggregate these consumer groups by geographic areas? Do these categories sufficiently encompass state and local public safety agencies, or should we create a separate category to ensure that public safety users are adequately represented in section 706 reports? 170 Are there other types of consumers, or other geographic areas, that are likely to experience broadband deployment at a different pace such that we should also monitor the rate of deployment to those customers and areas? For example, should we track the rate of deployment by average income in an area? Should we track deployment to community anchor institutions and publicly available Internet access points that facilitate greater broadband use, for example, by low-income or unemployed Americans? 171 How should our inquiry address broadband deployment to consumers who fall within more than one of these categories? 172 We welcome further comment regarding types of consumers or geographical areas relevant to this inquiry, as well as any further comment regarding deployment of broadband to Americans generally. 57. We specifically seek comment on the status of deployment of broadband to consumers living in rural areas. As discussed in the Rural Broadband Report, although the available data are limited, recent studies suggest that urban consumers may have greater access to broadband than their rural 166 NCES Study at 14, 16. 167 Id. at 18. 168 Id. 169 See Section 706 Fifth NOI, 22 FCC Rcd at 7823-26, paras. 24-30; Section 706 Fourth Report, 19 FCC Rcd at 20569-76. 170 The National Broadband Plan NOI included a variety of questions addressing access to and use of broadband for public safety and homeland security purposes. See National Broadband Plan NOI, 24 FCC Rcd at 4367-70, paras. 72-79. We will incorporate all comments, including those providing public-safety-related responses, to the National Broadband Plan NOI into our record here. See supra para. 14. 171 See supra para. 47; NTIA/RUS BTOP/BIP NOFA, 74 Fed. Reg. at 33108. 172 For example, the RURAL BROADBAND REPORT found that “people with disabilities outside metropolitan areas have a very low rate of Internet use” but that the Commission “lack[s] properly disaggregated information” about this group.” See RURAL BROADBAND REPORT at para. 29 (finding particularly low rates of broadband deployment among people with disabilities outside metropolitan areas). Federal Communications Commission FCC 09-65 28 counterparts. 173 We seek comment on whether this is still the case today. Do consumers in rural areas enjoy choices among technologies and tiers of advanced services comparable to those available to consumers in urban areas? 58. We further seek comment on the deployment of broadband to individuals living on Tribal lands and in the U.S. territories. 174 The Commission has recognized the dearth of information regarding broadband deployment on Tribal lands. 175 Are data available that capture deployment of advanced services in these areas? What types of unique challenges are associated with the deployment of advanced services in Tribal areas or U.S. territories? Are these challenges similar to or distinguishable from those encountered by consumers living in rural areas of the nation? In areas where services have been deployed, have they been deployed to all consumers, or just a limited number of consumers? What types of technologies are being used to provide advanced services on Tribal lands and in U.S. territories? Are there certain types of technological developments that may be especially promising for future deployment in Tribal areas or the U.S. territories? Should we consider U.S. territories and Tribal lands separately from other geographic areas? 59. We also seek focused comment on the deployment of broadband to low-income individuals. In prior section 706 inquiries, we have examined the gap in subscribership to advanced services between the highest-income ZIP codes and the lowest-income ZIP codes based on our Form 477 data. 176 In light of the revised data collection efforts discussed above, how can we best determine whether broadband is being made available to low-income individuals in a reasonable and timely fashion? Should the Commission analyze and report on broadband deployment to people with low incomes in a way that differentiates among rural, suburban, and urban areas, and, if so, what tools are available to facilitate this? The Rural Broadband Report called attention to the importance of broadband deployment in “rural areas where poverty is historical and structural.” 177 To what extent should the Commission attempt to identify and track deployment among different income levels in different geographic areas? 173 Id. at paras. 26-27 (citing 2008 Pew Broadband Adoption Study and NTIA statistics comparing residents with broadband in the home in urban and rural areas). 174 We recognize that Indian Country is politically distinct and, as a result, historical and legal circumstances pose unique barriers to expanded broadband deployment. “Indian Country” means: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 18 U.S.C. § 1151. For the purpose of this document, Indian Country also includes Alaska Native Villages, Native Hawaiian Homeland, and Trust lands. Although section 1151 is a criminal statute, its definition of Indian Country applies in the civil context as well. In this Inquiry, we use “Indian Country,” “Tribal areas,” and “Tribal lands” interchangeably. We also clarify that for purposes of this Inquiry, the term “rural areas” may include Indian Country, although not all of Indian Country would otherwise necessarily be considered rural. To the extent that sections of Indian Country are rural in nature, they are likely to face the same—and some additional—difficulties in achieving increased broadband deployment as faced by “rural areas.” See RURAL BROADBAND REPORT at para. 31 n.54. 175 See, e.g., Section 706 Fifth Report, 23 FCC Rcd at 9634, para. 38 (finding subscribership to Internet access services at any speed on Tribal lands to be largely unknown because no federal survey had been designed to track this information); RURAL BROADBAND REPORT at para. 30 (citing lack of data describing broadband availability or subscribership on Tribal lands). 176 See Section 706 Fifth NOI, 22 FCC Rcd at 7824, para. 26. 177 See RURAL BROADBAND REPORT at paras. 24, 31 (noting significance of broadband deployment to people living in historically impoverished rural areas). Federal Communications Commission FCC 09-65 29 60. In addition, we seek specific comment on whether broadband is being deployed in a reasonable and timely fashion to minority consumers. 178 To the extent the Commission relies on Census Tract data or other geographically-specific data, how can we best determine whether broadband is being deployed to minority consumers in a reasonable and timely fashion? Should we further disaggregate this group of consumers, and if so, what degree of specificity would be informative and appropriate? 179 What are the best sources of data concerning deployment to different minority groups? 61. We also seek specific comment on the extent to which persons with disabilities have access to broadband. What types of barriers do persons with disabilities encounter with respect to accessing broadband? Have there been recent developments in adaptive technologies that improve access to broadband for persons with disabilities? Is it appropriate and practicable to differentiate among people with disabilities by whether they live in urban, suburban, or rural areas, or by whether they live in Tribal areas? 180 To what extent do income, employment, or other factors affect the ability of persons with disabilities to access broadband? 62. In addition, as discussed above, and pursuant to BDIA section 103(b), the Commission must perform an international comparison of broadband service capability, including 75 communities (including capital cities) in 25 geographically diverse countries comparable to “various” U.S. communities. 181 On March 31, 2009, the Commission sought comment on this requirement. 182 We will incorporate the comments submitted in response to that notice into this proceeding. We seek comment on how we should use the results of the Commission’s forthcoming international comparison in assessing whether broadband is being deployed to all Americans in a reasonable and timely fashion. 63. Further, other international organizations have published international comparisons of broadband availability or deployment. We seek comment on whether and, if so, how we should use such international evaluations of broadband availability or deployment in determining whether broadband is being deployed to all Americans in a reasonable and timely fashion. Moreover, regardless of whether we rely on these evaluations, we seek comment on the regulatory strategies that other countries have used to spur broadband availability, deployment, subscribership, or adoption and whether these strategies, in fact, have proven successful. D. What Actions Can Accelerate Broadband Deployment? 64. Pursuant to section 706, “the Commission and each State commission . . . shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans . . . by utilizing . . . price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure 178 See National Broadband Plan NOI, 24 FCC Rcd at 4375, para. 101. 179 We note Connected Nation’s assertion that, in the suburbs, broadband deployment to “minorities” surpasses broadband deployment to “nonminorities.” See CONNECTED NATION, THE CALL TO COLLECT MINORITY AMERICANS: A CONNECTED NATION POLICY BRIEF (2009), http://www.connectednation.org/research/Minority_Americans_Policy_Brief.php (broadband deployment to “suburban minorities” (59%) exceeds broadband deployment to “suburban nonminorities” (55%) and significantly exceeds broadband deployment to “all adults” (50%)). 180 RURAL BROADBAND REPORT at para. 29 (finding particularly low rates of broadband deployment among people with disabilities outside metropolitan areas). 181 See supra para. 17; see also BDIA § 103(b); 47 U.S.C. § 1303(b). 182 See BDIA Public Notice, 24 FCC Rcd 3908. Federal Communications Commission FCC 09-65 30 investment.” 183 To the extent commenters advocate that we should undertake additional actions to encourage the deployment of broadband, they should set forth those proposals with specificity. 65. If the Commission finds that broadband is not being deployed in a reasonable and timely manner, the Commission must “take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” 184 Are there specific areas in the United States, such as rural areas, Tribal lands, or groups of Americans for whom the pace of deployment justifies action under section 706 to remove barriers to infrastructure investment or to promote competition? If so, what are the specific barriers to entry that are inhibiting broadband infrastructure investment? What authority does the Commission have to remove any such barriers—particularly barriers not resulting from Commission regulation—and what actions would be warranted? In addition, what specific steps could the Commission take to promote broadband competition in such areas or among such groups of Americans? Are there any other actions the Commission should take to promote the deployment of broadband, and what monetary and other costs and benefits would result from any such actions? 66. In assessing what actions the Commission should take to encourage the deployment of broadband, we ask parties to consider the recent Rural Broadband Report, submitted to Congress by the Acting Chairman of the Commission, in coordination with the Secretary of the USDA. The Rural Broadband Report includes a number of recommendations to facilitate broadband to rural areas, including, for example, enhancing coordination among and between federal, Tribal, state governments, and community organizations overall and coordinating specific broadband initiatives, such as data collection and mapping efforts. 185 Are any of the recommendations in the Rural Broadband Report relevant to our 706 inquiry here? Would the recommendations of the Rural Broadband Report be an appropriate response if the Commission is required to “take immediate action to accelerate” such capability is not being deployed in a reasonable and timely manner? E. What Actions Should the Commission Take to Improve Its Regular Broadband Data Collection Efforts? 67. We seek comment on what actions the Commission should take to improve its regular broadband data collections. Last year, the Commission issued a Further Notice of Proposed Rulemaking on possible changes to its Form 477 broadband data gathering program, asking questions about broadband mapping, gathering information on actual speeds experienced by consumers, pricing information, confidentiality, and surveys. 186 Much has happened since then. As described above, the BDIA addresses mapping, consumer surveys, and other issues. 187 And NTIA has recently issued a NOFA for its mapping grant program. 188 We seek comment in light of these developments on what actions the Commission should take to ensure that, in the future, we will have rich information about broadband to inform our policymaking activities, to support the activities of other agencies and other levels of government, and to provide to consumers, researchers, and industry about the state of broadband in our nation. 183 See 47 U.S.C. § 1302(a). 184 See 47 U.S.C. § 1302(b). 185 RURAL BROADBAND REPORT at para. 13. 186 2008 Broadband Data Gathering Order, 23 FCC Rcd at 9708-12, paras. 34-40. 187 See supra Parts III.A.2 & III.B.3.a. 188 NTIA State Mapping NOFA. Federal Communications Commission FCC 09-65 31 V. PROCEDURAL MATTERS A. Paperwork Reduction Act 68. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 47 U.S.C. § 3506(c)(4). B. Ex Parte Presentations 69. The inquiry this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 189 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. 190 Other requirements pertaining to oral and written presentations are set forth in section 1.1206(b) of the Commission’s rules. 191 C. Comment Filing Procedures 70. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 192 interested parties may file comments and reply comments regarding the Notice on or before the dates indicated on the first page of this document. All filings related to this Notice of Inquiry should refer to GN Docket No. 09-137 and GN Docket No. 09-51. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. • ECFS filers must transmit one electronic copy of the comments for GN Docket No. 09-137 and GN Docket No. 09-51. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554. • The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand 189 47 C.F.R. §§ 1.200 et seq. 190 See 47 C.F.R. § 1.1206(b)(2). 191 47 C.F.R. § 1.1206(b). 192 47 C.F.R. §§ 1.415, 1.419. Federal Communications Commission FCC 09-65 32 deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12 th Street, S.W., Washington DC 20554. • Parties should send a copy of their filings to the Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-C140, 445 12th Street, S.W., Washington, DC 20554, or by e-mail to cpdcopies@fcc.gov. Parties shall also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com. • Documents in GN Docket Nos. 09-137 and 09-51 will be available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488- 5562, e-mail fcc@bcpiweb.com. D. Accessible Formats 71. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 (TTY). Contact the FCC to request reasonable accommodations for filing comments (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov; phone: 202-418-0530 or TTY: 202-418-0432. VI. ORDERING CLAUSE 72. Accordingly, IT IS ORDERED that, pursuant to section 706 of the Telecommunications Act of 1996, as amended, 47 U.S.C. § 1302, this Notice of Inquiry IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 09-65 APPENDIX Commission’s Report on High-Speed Services for Internet Access: Status as of June 30, 2008 High-Speed Services for Internet Access: Status as of June 30, 2008 Industry Analysis and Technology Division Wireline Competition Bureau July 2009 This report is available for reference in the FCC’s Reference Information Center, Courtyard Level, 445 12th Street, SW, Washington, DC. Copies may be purchased by contacting Best Copy and Printing, Inc., 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone (800) 378-3160, or via their website at www.bcpiweb.com. The report can also be downloaded from the Wireline Competition Bureau Statistical Reports Internet site at www.fcc.gov/wcb/stats. 1 High-Speed Services for Internet Access: Status as of June 30, 2008 Congress directed the Commission and the states, in section 706 of the Telecommunications Act of 1996, to encourage deployment of advanced telecommunications capability in the United States on a reasonable and timely basis. 1 To assist in its evaluation of such deployment, in 2000 the Commission instituted a formal data collection program (FCC Form 477) to gather standardized information about subscribership to high-speed services, including advanced services, from wireline telephone companies, cable system operators, terrestrial wireless service providers, satellite service providers, and any other facilities-based providers of advanced telecommunications capability. 2 Filers were required to report the number of subscribers they had in each state, broken down by speed tier and technology, and to identify all Zip Codes in which they had at least one high-speed connection in service. 3 The Commission and others have recognized these requirements as insufficiently granular or precise to inform necessary policymaking. In June 2008, the Commission released a Report and Order (FCC 08-89) and Order on Reconsideration (FCC 08-148), which together implemented significant improvements to the way in which the Commission collects data on these services. 4 As part of these improvements, which were effective for the March 2009 collection of data as of year-end 2008, providers of wired broadband, fixed-wireless broadband, and satellite-based broadband connections report subscriber counts at the Census Tract level rather than the state level, and all filers report their connections in accordance with an increased number of upload and download transmission speed tiers. In conjunction with measures underway pursuant to the Broadband Data Improvement Act and the Recovery Act, 5 the new Form 477 data will provide 1 See §706, Pub.L. 104-104, Title VII, Feb. 8, 1996, 110 Stat. 153, reproduced in the notes under 47 U.S.C. § 157. In this report, we use the term “high-speed” to describe services that provide the subscriber with transmissions at a speed in excess of 200 kilobits per second (kbps) in at least one direction. “Advanced services,” which provide the subscriber with transmission speeds in excess of 200 kbps in each direction, are a subset of high-speed services. 2 Local Competition and Broadband Reporting, CC Docket No. 99-301, Report and Order, 15 FCC Rcd 7717 (2000); Local Telephone Competition and Broadband Reporting, WC Docket No. 04-141, Report and Order, 19 FCC Rcd 22340 (2004). Qualifying entities file FCC Form 477 each year on March 1 (reporting data for the preceding December 31) and September 1 (reporting data for June 30 of the same year). The first data collected were as of December 31, 1999. 3 Because of the inherent mobility of their service, mobile wireless providers reported subscribers by state and the Zip Codes that best represented their broadband-network coverage area. In addition to reporting subscribers by state and Zip Codes with connections in service, incumbent telephone companies and cable system operators reported their DSL or cable modem service availability to the housing units in their service area in the state. 4 Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership, WC Docket No. 07-38, Report and Order, 23 FCC Rcd 9691 (2008); Order on Reconsideration, 23 FCC Rcd 9800 (2008). Effective with the filing of data as of December 31, 2008, Form 477 is a Web-based electronic filing system. Information about this system is available at http://www.fcc.gov/form477/. 5 See 47 U.S.C. § 1301 et seq. (Broadband Data Improvement Act); American Recovery and Reinvestment Act of 2008, Pub.L. 111-5, 123 Stat. 115 (2009) (Recovery Act). 2 the Commission and the public with a more valuable resource for evaluating the state of broadband in the country. Statistics reported here reflect data as of June 30, 2008, and are the last to be based on data collected under the previous Form 477 requirements. 6 Readers can draw the following broad conclusions from the data summarized in this report: • High-speed lines connecting homes and businesses to the Internet at speeds exceeding 200 kbps in at least one direction increased by 10% during the first half of 2008, from 121.1 million lines to 132.8 million lines in service, following a 20% increase, from 101.0 million to 121.2 million lines, during the second half of 2007. For the full twelve-month period ending June 30, 2008, high-speed lines increased by 32% (or 31.8 million lines). See Table 1 and Chart 1. • ADSL lines increased by 0.5 million lines during the first half of 2008, fiber connections increased by 0.5 million lines, and cable modem service increased by 1.7 million lines. For the full twelve-month period ending June 30, 2008, ADSL increased by 2.2 million lines, fiber connections increased by 1.1 million lines, and cable modem service increased by 3.8 million lines. See Table 1. 6 The terms “high-speed connections” and “broadband connections” are synonyms in this report. The reported connections terminate at end user locations and enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction. “End users” are residential, business, institutional, or government entities who use services for their own purposes and who do not resell such services to other entities. The “facilities-based” provider of a broadband connection is the entity that owns the portion of the physical facility that terminates at the end user location, obtains an unbundled network element (UNE), special access line, or other leased facility that terminates at the end user location and provisions/equips it as broadband, or provisions/equips a broadband wireless channel to the end user location over licensed spectrum or over spectrum that the provider uses on an unlicensed basis. Facilities-based providers report information about connections they provide directly to their own end-user customers and also connections that they provide to Internet Service Providers for resale to end users. Prior to June 2005, providers with fewer than 250 high-speed connections in service in a particular state were not required to report data for that state. Therefore, small providers, many of whom serve rural areas with relatively small populations, were underrepresented in the data. Including these providers resulted in a one-time increase – from 552 in December 2004 to 1,270 in June 2005 – in the number of holding companies and unaffiliated entities reporting information about high-speed connections. See Table 7. High-speed lines reported in voluntary submissions of data prior to June 2005 represented less than 0.05% of total reported high-speed lines. As of June 30, 2005, filers with fewer than 250 lines in a state (including some entities that previously made voluntary submissions) represented about 0.2% of total reported high-speed lines. Statistical summaries of the earlier Form 477 data collections appeared in Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, CC Docket No. 98-146, Second Report, 15 FCC Rcd 20913 (2000) (Second 706 Report), available at www.fcc.gov/broadband/706.html, and in previous releases of the High-Speed Services for Internet Access report, available at www.fcc.gov/wcb/stats. 3 • Of the 132.8 million total high-speed lines, 28.8% were cable modem, 22.6% were ADSL, 0.7% were symmetric DSL (SDSL) or traditional wireline, 1.8% were fiber to the end user premises, and 46.2% used other technologies. 7 See Chart 2. • Lines connecting homes and businesses to the Internet at transmission speeds exceeding 200 kbps in both directions increased from 80.3 million lines to 88.4 million lines during the first half of 2008. For the full twelve-month period ending June 30, 2008, they increased by 18.8 million, from 69.6 million lines to 88.4 million lines. See Table 2 and Chart 3. • Of the 88.4 million lines which were faster than 200 kbps in both directions, 42.8% were cable modem, 29.6% were ADSL, 1.1% were SDSL or traditional wireline, 2.7% were fiber to the end user premises, and 23.9% used other technologies. See Chart 4. • Of the 132.8 million total high-speed lines, 79.1 million were designed to serve primarily residential end users. Cable modem represented 46.7% of these lines while 34.1% were ADSL, 0.1% were SDSL or traditional wireline connections, 2.7% were fiber to the end user premises, and 16.4% used other technologies. See Table 3 and Chart 6. For state-specific data, see Table 13. • Of the 88.4 million lines that were faster than 200 kbps in both directions, 74.5 million lines were designed to serve primarily residential end users. Of these, cable modem represented 49.2% while 31.3% were ADSL, 0.2% were SDSL or traditional wireline, 2.9% were fiber to the end user premises, and 16.5% used other technologies. See Table 4 and Chart 8. • Of the 88.4 million reported high-speed lines that were faster than 200 kbps in both directions as of June 30, 2008, 55.5% were at least 2.5 mbps in the faster direction and 44.5% were slower than 2.5 mbps in the faster direction. See Table 5. • Incumbent LECs or their affiliates reported 97.3% of ADSL connections, 91.8% of fiber-to- the-premises connections, 81.3% of the mobile service subscribers whose wireless device is capable of operating on a high-speed mobile wireless network, and 32.4% of traditional wireline connections. When all technologies are considered, incumbent LECs reported 60.4% of total high-speed connections. See Table 6. • High-speed lines were reported in all 50 states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands. See Table 9 and, for historical data, Tables 10 - 12. 7 Providers are instructed to report a high-speed connection in the (mutually exclusive) technology category that characterizes the last few feet of distribution plant to the subscriber’s premises. In addition to cable modem, ADSL, SDSL, traditional wireline when used for Internet access, and optical carrier (fiber to the end user) connections, reporting entities specify satellite, terrestrial fixed wireless (licensed or unlicensed), terrestrial mobile wireless (licensed or unlicensed), electric power line, or “all other” technology. See additional notes following Chart 10. 4 • As a nationwide average, we estimate that high-speed DSL connections were available to 83% of the households to whom incumbent LECs could provide local telephone service, and that high-speed cable modem service was available to 96% of the households to whom cable system operators could provide cable TV service. See Table 14. • Providers other than providers of terrestrial mobile wireless services listed the Zip Codes in which they had at least one high-speed connection in service to an end user, while terrestrial mobile wireless service providers listed the Zip Codes that best represented their service territories. Combining these data, 100% of 5-digit geographical Zip Codes were represented in the lists filed for June 2008. 8 The most widely reported technologies by this measure were high-speed mobile wireless (with at least some presence reported in 99% of Zip Codes), satellite (in 93% of Zip Codes), ADSL (in 87% of Zip Codes), and cable modem service (in 67% of Zip Codes). ADSL and/or cable modem connections were reported to be present in 91% of Zip Codes. 9 See Tables 15 and 16, and the map that follows Table 16. For state- specific data, see Table 17. • High population density and high median household income each have had a positive association with reports that high-speed subscribers are present. See Tables 18 and 19. As other information from the Commission’s data collection program (FCC Form 477) becomes available, it will be included in future reports on the deployment of advanced telecommunications capability and in publications such as this one. We invite users of this information to provide suggestions for improved data collection and analysis by: • Using the attached customer response form, • E-mailing comments to James.Eisner@fcc.gov or Suzanne.Mendez@fcc.gov, • Calling the Industry Analysis and Technology Division of the Wireline Competition Bureau at (202) 418-0940, or • Participating in any formal proceedings undertaken by the Commission to solicit comments for improvement of FCC Form 477. 8 Lists of Zip Codes with number of service providers as reported in the FCC Form 477 filings are made available at www.fcc.gov/wcb/stats in a format that honors requests for nondisclosure of information the reporting entities assert is competitively sensitive. Form 477 filings of data after June 30, 2008 will not include broadband provider Zip Code lists. The later filings will include broadband information based on census tracts. 9 The 91.4% figure includes Zip Codes with either ADSL subscribers reported, cable modem subscribers reported, or both. In 63.0% of Zip Codes, both ADSL and cable modem subscribers have been reported. In 24.2% of Zip Codes, there are ADSL subscribers reported but no cable modem subscribers, and in 4.2% of Zip Codes there are cable modem subscribers reported but no ADSL subscribers reported. 2003 2008 Jun ADSL 5,101,493 7,675,114 11,398,199 16,316,309 19,515,483 22,583,548 25,412,509 27,792,800 29,449,166 29,963,968 SDSL and Traditional Wireline 1,186,680 1,215,713 1,407,121 898,468 741,904 809,209 889,266 941,685 898,363 939,692 SDSL - - - 411,731 368,782 337,412 344,759 319,991 293,421 274,582 Traditional Wireline - - - 486,737 373,122 471,797 544,507 621,694 604,942 665,110 Cable Modem 9,172,895 13,684,225 18,592,636 24,017,442 26,558,206 29,173,449 31,981,705 34,404,368 36,506,972 38,190,355 Fiber 3 105,991 111,386 130,928 315,651 298,052 547,082 893,995 1,280,994 1,848,565 2,346,328 Satellite and Wireless 220,588 309,006 421,690 965,068 3,812,029 11,873,157 23,343,199 36,560,869 52,514,007 61,368,444 Satellite - - - 376,837 426,928 495,365 571,980 668,803 791,142 869,450 Fixed Wireless - - - 208,695 257,431 361,272 483,470 586,813 706,552 808,375 Mobile Wireless - - - 379,536 3,127,670 11,016,520 22,287,749 35,305,253 51,016,313 59,690,619 Power Line and Other - - - 4,872 4,571 5,208 4,776 5,420 5,274 5,197 Total Lines 15,787,647 22,995,444 31,950,574 42,517,810 50,930,245 64,991,653 82,525,450 100,986,136 121,222,347 132,813,984 Some historical data have been revised back through December 2005. See additional notes following Chart 10. JunJun Jun For data through December 2004, only those providers with at least 250 lines per state were required to file. Jun 2002 2005 2006 2007 Dec Technology 2 Chart 1 Total High-Speed Lines Chart 2 High-Speed Lines by Technology as of June 30, 2008 Jun Table 1 High-Speed Lines 1 (Over 200 kbps in at least one direction) Dec 2004 Jun Dec 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 100,000,000 110,000,000 120,000,000 130,000,000 140,000,000 Jun 2000 Jun 2001 Jun 2002 Jun 2003 Jun 2004 Jun 2005 Jun 2006 Jun 2007 Jun 2008 Cable Modem 28.8% SDSL and Traditional Wireline 0.7% ADSL 22.6% Fiber 1.8% All Other 46.2% 2003 2008 Jun Jun Jun Jun Dec Jun Dec Jun Dec Jun ADSL 1,852,879 2,536,368 3,768,019 13,176,095 15,921,336 18,310,250 21,143,785 23,656,827 25,243,814 26,132,248 SDSL and Traditional Wireline 1,186,680 1,215,713 1,407,121 869,772 737,192 807,951 888,350 940,971 898,295 939,543 SDSL - - - 387,451 368,736 336,586 344,739 319,352 293,426 274,582 Traditional Wireline - - - 482,321 368,456 471,365 543,611 621,619 604,869 664,961 Cable Modem 6,819,395 11,935,866 17,567,468 22,745,012 26,293,596 28,892,961 31,594,111 33,935,733 36,165,251 37,848,833 Fiber 3 104,015 110,829 129,636 314,229 297,048 545,992 892,637 1,278,906 1,844,767 2,344,477 Satellite and Wireless 66,073 64,393 93,805 223,274 338,635 2,275,313 4,981,768 9,801,348 16,096,448 21,143,958 Satellite - - - 10,966 36,331 27,489 36,026 57,202 73,747 155,312 Fixed Wireless - - - 191,229 220,268 333,368 454,834 554,316 675,489 763,121 Mobile Wireless - - - 21,079 82,036 1,914,456 4,490,908 9,189,830 15,347,212 20,225,525 Power Line and Other - - - 4,174 4,501 5,209 4,776 5,420 5,274 5,197 Total Lines 10,029,042 15,863,169 22,966,048 37,332,557 43,592,308 50,837,676 59,505,427 69,619,205 80,253,849 88,414,256 Total High-Speed Lines For data through December 2004, only those providers with at least 250 lines per state were required to file. Advanced Services Lines Some historical data have been revised back through December 2005. See additional notes following Chart 10. 20062004 Chart 4 Advanced Services Lines by Technology as of June 30, 2008 Table 2 Advanced Services Lines 1 (Over 200 kbps in both directions) Chart 3 Technology 2 2002 2005 2007 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 100,000,000 Jun 2000 Jun 2001 Jun 2002 Jun 2003 Jun 2004 Jun 2005 Jun 2006 Jun 2007 Jun 2008 Cable Modem 42.8% SDSL and Traditional Wireline 1.1% ADSL 29.6% Fiber 2.7% All Other 23.9% 2003 2008 Jun Jun Jun Jun Dec Jun Dec Jun Dec Jun ADSL 4,395,033 6,429,938 10,759,495 14,442,823 17,370,508 20,151,612 22,768,119 24,961,878 26,475,392 26,949,947 SDSL and Traditional Wireline 223,599 250,372 393,049 159,489 129,444 112,017 117,708 117,522 99,579 112,689 SDSL - - - 153,978 122,220 102,605 105,012 105,029 82,284 80,971 Traditional Wireline - - - 5,511 7,224 9,412 12,696 12,493 17,295 31,718 Cable Modem 9,157,285 13,660,541 18,525,265 23,578,060 25,714,461 28,387,732 31,118,079 33,336,493 35,341,445 36,900,880 Fiber 3 6,120 16,132 22,719 83,293 213,479 444,147 763,987 1,153,058 1,682,639 2,138,584 Satellite and Wireless 202,251 288,786 387,563 428,367 532,391 1,840,202 3,571,381 6,598,757 10,379,504 12,982,393 Satellite - - - 265,017 320,142 382,047 455,936 530,357 626,466 705,126 Fixed Wireless - - - 160,775 203,179 301,435 423,524 523,180 644,012 741,230 Mobile Wireless - - - 2,574 9,071 1,156,720 2,691,921 5,545,220 9,109,026 11,536,037 Power Line and Other - - - 4,447 4,550 5,093 4,711 5,347 5,159 5,082 Total Lines 13,984,287 20,645,769 30,088,091 38,696,480 43,964,834 50,940,803 58,343,985 66,173,055 73,983,718 79,089,575 Small business lines were included in totals through December 2004. Residential High-Speed Lines Chart 6 For data through December 2004, only those providers with at least 250 lines per state were required to file. 200720052004 Some historical data have been revised back through December 2005. See additional notes following Chart 10. Residential High-Speed Lines by Technology as of June 30, 2008 Table 3 Residential High-Speed Lines 1 (Over 200 kbps in at least one direction) Chart 5 Technology 2 2002 2006 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 Jun 2000 Jun 2001 Jun 2002 Jun 2003 Jun 2004 Jun 2005 Jun 2006 Jun 2007 Jun 2008 SDSL and Traditional Wireline 0.1% ADSL 34.1% Fiber 2.7% Cable Modem 46.7% All Other 16.4% 2003 2008 ADSL 1,580,575 2,071,779 3,174,022 11,731,303 14,242,291 16,415,844 18,878,492 21,106,148 22,555,534 23,315,454 SDSL and Traditional Wireline 223,599 250,372 393,049 151,979 125,116 111,935 117,652 116,966 99,551 112,667 SDSL - - - 149,862 122,220 102,580 105,002 104,517 82,284 80,971 Traditional Wireline - - - 2,118 2,895 9,355 12,650 12,449 17,267 31,696 Cable Modem 6,809,170 11,920,207 17,505,907 22,324,471 25,533,423 28,159,416 30,770,517 32,916,212 35,035,299 36,600,250 Fiber 3 5,118 15,751 21,866 82,831 212,862 443,248 762,676 1,151,109 1,680,118 2,136,994 Satellite and Wireless 47,787 46,407 72,485 150,893 204,703 1,449,441 3,114,137 6,074,862 9,772,245 12,288,019 Satellite - - - 2,244 25,117 15,055 23,334 35,319 47,743 62,913 Fixed Wireless - - - 146,074 170,515 277,666 398,882 494,341 616,643 700,354 Mobile Wireless - - - 2,574 9,071 1,156,720 2,691,921 5,545,202 9,107,859 11,524,752 Power Line and Other - - - 3,916 4,481 5,093 4,711 5,347 5,159 5,082 Total Lines 8,666,249 14,304,515 21,167,329 34,445,394 40,322,876 46,584,977 53,648,185 61,370,644 69,147,906 74,458,466 Small business lines were included in totals through December 2004. Some historical data have been revised back through December 2005. See additional notes following Chart 10. Jun Dec 2006 JunJun Dec 2005 Jun Jun DecJun Technology 2 20042002 Residential Advanced Services Lines by Technology as of June 30, 2008 Jun Table 4 Residential Advanced Services Lines 1 (Over 200 kbps in both directions) For data through December 2004, only those providers with at least 250 lines per state were required to file. Chart 7 Residential Advanced Services Lines Chart 8 2007 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 Jun 2000 Jun 2001 Jun 2002 Jun 2003 Jun 2004 Jun 2005 Jun 2006 Jun 2007 Jun 2008 Fiber 2.9% All Other 16.5% SDSL and Traditional Wireline 0.2% ADSL 31.3% Cable Modem 49.2% ADSL 3,831,720 13,438,371 12,621,752 72,125 0 0 SDSL 0 261,179 13,119 * * 0 Traditional Wireline 149 561,427 60,249 8,712 8,095 26,478 Cable Modem 341,522 3,880,514 29,302,547 4,559,560 * * Fiber 1,851 139,442 903,130 1,260,683 15,857 25,365 Satellite 714,138 * * 0 0 0 Fixed Wireless 45,254 713,691 48,429 736 * * Mobile Wireless 39,465,094 * * * 0 0 Power Line and Other 0 * * 0 * 0 Total Lines 44,399,728 39,371,371 42,958,483 5,902,037 129,569 52,796 * Data withheld to maintain firm confidentiality. See notes following Chart 10. Greater than 200 kbps and less than 2.5 mbps in the faster direction Greater than or equal to 2.5 mbps and less than 10 mbps in the faster direction Chart 9 Lines by Information Transfer Rates in the Faster Directions as of June 30, 2008 (Includes only lines exceeding 200 kbps in both directions) Greater than or equal to 100 mbps in the faster direction Greater than or equal to 10 mbps and less than 25 mbps in the faster direction Greater than or equal to 25 mbps and less than 100 mbps in the faster direction Table 5 High-Speed Lines by Information Transfer Rates 1 As of June 30, 2008 Exceeding 200 kbps in both directions, and: Technology 2 Exceeding 200 kbps in only one direction 44.5% 6.9% 48.6% > 200 kbps, < 2.5 mbps ? 2.5 mbps, < 10 mbps ? 10 mbps Other Non- ILEC ILEC 5 ADSL 23,507,656 5,633,473 822,839 29,963,968 78.5 % 18.8 % 2.7 % SDSL * * 193,027 274,582 * * 70.3 Traditional Wireline 192,234 23,187 449,689 665,110 28.9 3.5 67.6 Cable Modem * * 38,088,528 38,190,355 * * 99.7 Fiber 2,058,460 95,799 192,069 2,346,328 87.7 4.1 8.2 Satellite 0 0 869,450 869,450 0.0 0.0 100.0 Fixed Wireless * * 784,732 808,375 * * 97.1 Mobile Wireless * * 11,164,860 59,690,619 * * 18.7 Power Line and Other 0 0 5,197 5,197 0.0 0.0 100.0 Total Lines 74,287,484 5,956,109 52,570,391 132,813,984 55.9 % 4.5 % 39.6 % * Data withheld to maintain firm confidentiality. See notes following Chart 10. Chart 10 Share of High-Speed Lines by Type of Provider as of June 30, 2008 RBOC 4 Total RBOC 4 Other Technology 2 Non- Table 6 High-Speed Lines by Type of Provider as of June 30, 2008 1 (Over 200 kbps in at least one direction) ILEC ILEC 5 Lines Percent of Lines Non-ILEC 39.6% RBOC 55.9% Other ILEC 4.5% 4 RBOC lines include lines owned by AT&T, Qwest and Verizon, and their affiliates. 5 High-speed lines reported by non-ILEC affiliates of RBOCs are reported in the column for RBOC lines and are excluded from the column for non-ILEC lines. Lines reported by non-ILEC affiliates of ILECs other than the RBOCs are reported in the column for non-ILEC lines. Notes for Tables 1 - 6 and Charts 1 - 10. Advanced services lines, residential high-speed lines, and residential advanced services lines are estimated based on data reported on FCC Form 477. Therefore, figures may not add to totals due to rounding. 1 In this report, high-speed lines are connections to end-user locations that deliver services at speeds exceeding 200 kbps in at least one direction. Advanced services lines, which are a subset of high-speed lines, are connections that deliver services at speeds exceeding 200 kbps in both directions. In Tables 2 and 4, we enumerate those reported high-speed lines that also qualify as advanced services lines. More detailed information about connection speeds is presented in Table 5. Line counts presented in this report are not adjusted for the number of persons at a single end-user location who have access to, or who use, the Internet-access services that are delivered over the high-speed connection to that location. 2 The mutually exclusive types of technology are, respectively: Asymmetric digital subscriber line (ADSL) technologies, which provide speeds in one direction greater than speeds in the other direction; symmetric digital subscriber line (SDSL) technologies; traditional wireline technologies when used to provide equivalent Internet access functionality, including Ethernet service if delivered to the subscriber's location over copper (as opposed to optical fiber) plant; cable modem, including the typical hybrid fiber-coax (HFC) architecture of upgraded cable TV systems; optical fiber to the subscriber's premises (e.g., Fiber-to-the-Home, or FTTH); satellite and fixed and mobile terrestrial wireless systems, which use radio spectrum to communicate with a radio transmitter; electric power line; and other. 3 Fiber lines included electric power line through December 2004. ADSL Cable Modem Total Dec 1999 28 43 65 105 Jun 2000 47 36 75 116 Dec 2000 68 39 87 136 Jun 2001 86 47 98 160 Dec 2001 117 59 122 203 Jun 2002 142 68 138 237 Dec 2002 178 87 169 299 Jun 2003 235 98 217 378 Dec 2003 274 110 246 432 Jun 2004 298 129 281 485 Dec 2004 352 147 312 552 Jun 2005 758 227 779 1,270 Dec 2005 818 242 833 1,345 Jun 2006 833 254 816 1,327 Dec 2006 858 279 882 1,396 Jun 2007 864 282 874 1,374 Dec 2007 856 292 907 1,399 Jun 2008 863 296 902 1,395 Table 7 Nationwide Number of Providers of High-Speed Lines by Technology (Over 200 kbps in at least one direction) All Other 1 1 All other includes SDSL, traditional wireline, fiber, satellite, fixed and mobile wireless, and power line. Chart 11 Historical Number of Reporting Providers of High-Speed Lines by Technology For data through December 2004, only those providers with at least 250 lines per state were required to file. Some historical data have been revised. 0 200 400 600 800 1,000 1,200 1,400 1,600 Dec. 1999 June 2000 Dec. 2000 June 2001 Dec. 2001 June 2002 Dec. 2002 June 2003 Dec. 2003 June 2004 Dec. 2004 June 2005 Dec. 2005 June 2006 Dec. 2006 June 2007 Dec. 2007 June 2008 ADSL Cable Modem Total Traditional Cable Fixed Mobile Power Line Total Wireline Modem Wireless Wireless and Other (Unduplicated) Alabama 32 9 21 19 11 * 5 5 0 73 Alaska 9 6 5 * * * 6 * 0 18 American Samoa * * 0 0 0 0 * 0 0 * Arizona 24 7 17 10 13 * 12 5 0 57 Arkansas 22 8 12 11 6 * * 4 0 49 California 26 16 36 16 16 * 23 4 0 84 Colorado 30 12 21 13 13 * 22 8 0 73 Connecticut 8 8 14 7 8 * 0 * 0 31 Delaware 11 7 19 * * * 0 * 0 32 District of Columbia 12 8 18 * 6 * * * 0 30 Florida 28 17 42 16 22 * 13 5 * 82 Georgia 40 14 29 27 29 * 7 4 0 89 Guam * 0 * * 0 0 0 0 0 * Hawaii * * 6 * 5 * * * 0 14 Idaho 24 9 14 7 14 * 16 5 0 53 Illinois 58 20 38 17 15 * 37 5 * 121 Indiana 41 13 29 13 21 * 27 * * 88 Iowa 130 39 26 35 31 * 57 6 0 192 Kansas 38 15 18 26 19 * 25 4 0 86 Kentucky 31 10 17 19 11 * 12 5 0 75 Louisiana 22 9 20 10 10 * 5 5 0 53 Maine 14 10 11 5 8 * 0 * 0 30 Maryland 16 10 18 12 8 * * * 0 44 Massachusetts 16 10 22 6 7 * 4 * 0 43 Michigan 42 13 27 12 15 * 17 5 * 78 Minnesota 69 27 24 13 29 * 14 4 0 101 Mississippi 20 6 19 11 8 * 4 5 0 53 Missouri 44 19 21 18 13 * 26 5 * 92 Montana 18 8 10 4 7 * 11 4 0 38 Nebraska 34 14 11 16 6 * 22 4 0 68 Nevada 17 10 16 4 7 * 7 5 0 41 New Hampshire 15 8 15 6 7 * * * 0 37 New Jersey 20 14 34 8 10 * * * 0 51 New Mexico 23 7 11 7 6 * 8 5 0 44 New York 43 17 32 14 15 * 9 5 0 80 North Carolina 31 16 27 14 12 * 7 5 0 70 North Dakota 23 13 10 7 10 * 12 * 0 40 Northern Mariana Islands * 0 * * * 0 * 0 0 * Ohio 43 17 26 19 20 * 19 4 * 86 Oklahoma 39 8 22 10 9 * 17 5 0 77 Oregon 41 10 19 11 15 * 13 4 0 68 Pennsylvania 43 18 37 20 20 * 11 4 0 85 Puerto Rico * 0 7 * 4 * 4 * 0 15 Rhode Island 10 7 13 * 5 * 0 * 0 25 South Carolina 24 9 19 16 11 * * 5 0 47 South Dakota 24 9 10 7 11 * 11 * 0 44 Tennessee 29 13 21 13 12 * 7 6 0 72 Texas 66 24 37 25 27 * 50 7 0 137 Utah 16 11 14 4 8 * 10 6 0 44 Vermont 11 4 11 * 4 * * * 0 27 Virgin Islands * * * 0 0 * 0 * 0 5 Virginia 27 12 30 13 15 * 12 4 * 68 Washington 30 10 25 16 20 * 21 6 * 77 West Virginia 13 4 11 7 **** 0 32 Wisconsin 52 14 18 12 14 * 19 5 * 83 Wyoming 13 7 8 * 6 * 7 4 0 32 Nationwide 863 238 259 296 308 4 505 24 6 1,395 Table 8 Providers of High-Speed Lines by Technology as of June 30, 2008 (Over 200 kbps in at least one direction) ADSL SDSL Fiber SatelliteState * Indicates one to three providers. Traditional Cable Fixed Mobile Power Line Wireline Modem Wireless Wireless and Other Alabama 430,874 6,108 6,173 417,330 3,187 * 907 * 0 1,524,605 Alaska 72,032 * 493 * * * 10,638 * 0 182,545 American Samoa * * 0 0 0 0 * 0 0 * Arizona 454,036 1,375 19,947 991,729 3,201 * 18,315 * 0 2,860,516 Arkansas 266,923 281 2,353 235,655 1,405 * * * 0 772,093 California 4,754,973 29,765 107,657 3,798,686 249,526 * 71,008 * 0 18,619,383 Colorado 574,903 2,298 20,163 626,069 3,191 * 30,345 * 0 2,344,512 Connecticut * 2,936 4,856 575,644 2,642 * 0 * 0 2,002,300 Delaware * 197 3,080 * * * 0 * 0 481,371 District of Columbia * 1,836 4,010 * 1,276 * * * 0 471,514 Florida 2,045,146 7,156 53,096 2,631,022 217,217 * 41,033 * * 8,157,096 Georgia 1,361,221 5,887 28,238 903,797 8,262 * 386 * 0 3,996,695 Guam * 0 * * 0 0 0 0 0 * Hawaii * * 816 * 486 * * * 0 643,085 Idaho 153,697 294 1,962 126,634 1,133 * 50,692 * 0 690,599 Illinois 1,418,545 10,850 26,306 1,624,647 7,302 * 31,331 * * 5,537,923 Indiana 651,097 3,535 9,741 455,929 48,639 * 12,475 * * 2,479,608 Iowa 321,784 3,792 2,679 308,500 8,359 * 18,516 * 0 1,091,069 Kansas 240,921 4,982 5,906 380,063 5,065 * 16,856 * 0 1,063,920 Kentucky 384,920 4,974 4,873 481,916 3,421 * 3,371 * 0 1,298,038 Louisiana 353,678 1,240 4,760 480,720 19,227 * 2,601 * 0 1,552,888 Maine 120,357 4,038 4,334 196,848 3,368 * 0 * 0 428,904 Maryland 495,132 8,024 17,209 871,044 * * * * 0 2,738,746 Massachusetts * 5,445 16,700 1,158,976 * * 1,082 * 0 3,392,831 Michigan 748,563 3,907 15,118 1,306,725 3,130 * 9,470 * * 3,844,955 Minnesota 528,792 18,731 10,539 621,781 10,596 * 30,333 * 0 2,152,875 Mississippi 219,564 224 2,611 188,062 834 * 168 * 0 584,044 Missouri 712,189 3,978 11,638 517,207 4,154 * 8,835 * * 2,076,382 Montana 108,083 3,276 931 90,467 701 * 10,107 * 0 476,845 Nebraska 143,036 3,976 1,053 262,073 639 * 14,927 * 0 702,180 Nevada 224,688 3,825 7,730 * 1,314 * 17,944 * 0 1,268,860 New Hampshire 96,781 2,097 4,869 250,233 16,058 * * * 0 681,535 New Jersey 699,670 4,250 24,169 1,586,469 * * * * 0 5,338,219 New Mexico 217,072 278 2,402 137,463 1,104 * 3,360 * 0 719,761 New York 1,168,816 18,900 35,880 3,548,486 * * 7,603 * 0 8,910,527 North Carolina 870,296 2,814 21,060 1,266,151 5,432 * * * 0 3,832,927 North Dakota 60,038 2,145 372 82,853 9,297 * 5,166 * 0 321,663 Northern Mariana Isl. * 0 * * * 0 * 0 0 * Ohio 1,034,335 4,302 17,632 1,626,534 8,951 * 24,317 * * 5,066,325 Oklahoma 334,105 886 3,748 381,910 3,235 * 5,080 * 0 1,077,215 Oregon 360,993 9,889 5,656 554,284 * * 28,160 * 0 1,716,959 Pennsylvania 1,208,597 15,479 23,147 1,491,572 * * 5,134 * 0 5,682,008 Puerto Rico * 0 4,421 * 313 * 4,860 * 0 582,155 Rhode Island * 942 1,667 * * * 0 * 0 527,728 South Carolina 386,274 392 8,990 517,385 12,993 * * * 0 1,779,117 South Dakota 53,343 3,993 261 115,048 7,332 * 6,199 * 0 362,263 Tennessee 534,652 710 12,046 714,610 24,565 * 7,888 * 0 2,767,503 Texas 2,475,277 12,482 48,548 2,214,161 230,859 * 98,670 * 0 9,110,055 Utah 284,487 7,261 6,345 212,474 2,770 * 27,850 * 0 1,108,549 Vermont 72,581 * 2,348 * 416 * * * 0 257,065 Virgin Islands * * * 0 0 * 0 * 0 19,441 Virginia 560,616 3,589 24,166 941,193 * * 15,539 * * 3,584,485 Washington 600,239 9,179 12,555 943,846 33,542 * 86,546 * * 3,312,811 West Virginia 146,964 * 3,347 167,237 * * * * 0 371,760 Wisconsin 556,171 15,062 6,093 711,209 4,193 * 12,285 * * 1,931,916 Wyoming 55,265 1,769 300 * 501 * 3,870 * 0 288,052 Nationwide 29,963,968 274,582 665,110 38,190,355 2,346,328 869,450 808,375 59,690,619 5,197 132,813,984 SDSLADSL Fiber Satellite TotalState * Data withheld to maintain firm confidentiality. Table 9 High-Speed Lines by Technology as of June 30, 2008 (Over 200 kbps in at least one direction) 2008 Jun Jun Jun Dec Jun Dec Jun Dec Jun Alabama 283,946 350,691 455,300 531,350 615,510 898,850 1,118,302 1,353,777 1,524,605 Alaska 61,121 88,076 95,761 109,484 125,005 145,008 156,187 171,257 182,545 American Samoa 0 * * * * * * * * Arizona 441,227 618,677 809,819 1,039,445 1,392,711 1,832,564 2,192,644 2,579,687 2,860,516 Arkansas 128,100 188,185 258,270 299,850 361,150 428,899 526,973 658,867 772,093 California 3,378,373 4,608,822 5,954,876 7,197,952 9,257,609 11,755,654 14,374,803 17,159,597 18,619,383 Colorado 338,083 515,081 688,189 882,669 1,165,853 1,489,091 1,827,962 2,270,584 2,344,512 Connecticut 364,371 516,039 679,891 803,274 1,018,755 1,257,276 1,554,448 1,834,752 2,002,300 Delaware 54,272 74,732 108,554 132,399 157,648 273,734 353,763 438,951 481,371 District of Columbia 58,800 83,213 113,086 139,594 200,221 268,008 337,897 420,305 471,514 Florida 1,634,552 2,236,963 2,958,350 3,537,720 4,408,427 5,346,321 6,349,093 7,416,288 8,157,096 Georgia 748,016 1,039,440 1,328,956 1,610,750 2,054,171 2,547,165 3,087,975 3,737,830 3,996,695 Guam 0 * * * * * * * * Hawaii * * * * 294,612 417,674 486,337 584,113 643,085 Idaho 64,353 99,845 149,023 167,926 202,521 381,283 483,049 613,317 690,599 Illinois 840,632 1,270,907 1,817,481 2,118,882 2,626,276 3,499,144 4,276,554 5,085,232 5,537,923 Indiana 233,679 515,812 742,667 913,528 1,182,578 1,408,019 1,823,221 2,267,190 2,479,608 Iowa 162,257 229,811 325,701 394,359 448,192 657,459 826,632 991,142 1,091,069 Kansas 248,405 322,742 419,384 468,032 596,776 726,742 876,744 989,832 1,063,920 Kentucky 121,594 300,704 408,184 508,198 629,538 774,736 959,771 1,161,750 1,298,038 Louisiana 315,682 420,917 536,934 508,009 730,203 892,835 1,088,803 1,286,504 1,552,888 Maine 85,212 123,739 176,396 214,599 248,440 306,006 359,113 396,271 428,904 Maryland 458,128 655,588 899,640 1,120,826 1,492,484 1,813,960 2,172,522 2,535,778 2,738,746 Massachusetts 802,423 1,004,229 1,213,640 1,431,925 1,811,845 2,243,742 2,660,501 3,140,550 3,392,831 Michigan 729,113 946,819 1,336,312 1,535,124 1,895,666 2,408,866 2,972,374 3,557,337 3,844,955 Minnesota 394,982 561,411 716,826 855,752 1,057,055 1,313,505 1,579,346 1,961,654 2,152,875 Mississippi 95,628 139,429 191,675 219,552 262,671 332,307 399,571 489,438 584,044 Missouri 362,040 537,343 704,273 805,525 1,010,910 1,269,326 1,561,172 1,866,033 2,076,382 Montana 28,023 57,650 90,583 112,662 139,946 264,121 346,230 432,877 476,845 Nebraska 141,172 199,282 253,968 305,120 355,013 470,118 537,693 633,722 702,180 Nevada 209,028 290,518 401,932 471,922 612,101 790,020 1,058,634 1,159,264 1,268,860 New Hampshire 118,304 168,000 236,817 268,128 302,957 443,207 539,686 637,977 681,535 New Jersey 924,835 1,194,557 1,605,301 1,989,803 2,654,674 3,392,607 4,153,343 4,923,622 5,338,219 New Mexico 71,355 115,147 174,534 204,054 252,361 422,964 544,706 662,246 719,761 New York 1,891,457 2,349,956 3,067,983 3,660,500 4,854,803 5,669,523 6,800,348 8,097,191 8,910,527 North Carolina 680,828 965,761 1,222,648 1,482,930 1,914,822 2,366,079 2,893,582 3,484,798 3,832,927 North Dakota 25,474 39,274 86,274 96,314 108,476 131,348 144,994 292,100 321,663 Northern Mariana Isl. 0 0 0 * * * * * * Ohio 817,020 1,152,300 1,601,981 1,909,661 2,439,297 3,179,003 3,947,240 4,612,350 5,066,325 Oklahoma 231,106 331,605 444,777 498,640 565,528 654,283 777,999 971,167 1,077,215 Oregon 316,300 437,040 558,489 688,487 860,385 1,060,386 1,285,947 1,566,919 1,716,959 Pennsylvania 755,947 1,123,876 1,578,981 1,999,118 2,646,898 3,374,313 4,121,608 5,148,887 5,682,008 Puerto Rico 32,063 43,091 66,484 118,268 169,917 251,163 332,671 471,560 582,155 Rhode Island 104,444 141,981 185,415 221,901 276,141 349,994 416,053 490,649 527,728 South Carolina 262,868 354,877 464,315 549,019 646,344 1,041,762 1,308,281 1,586,082 1,779,117 South Dakota 22,016 34,026 112,506 124,243 138,621 154,738 164,627 185,058 362,263 Tennessee 413,476 534,597 682,369 847,025 1,153,432 1,573,978 2,036,625 2,519,234 2,767,503 Texas 1,571,250 2,203,490 2,943,487 3,451,702 4,343,050 5,540,763 6,964,956 8,337,020 9,110,055 Utah 133,467 196,590 259,150 313,854 471,137 638,618 818,665 998,847 1,108,549 Vermont 39,773 56,033 82,279 95,901 108,622 170,245 193,151 240,257 257,065 Virgin Islands * * 2,183 2,967 7,226 11,139 16,014 18,996 19,441 Virginia 553,635 817,881 1,117,591 1,367,465 1,792,817 2,197,693 2,689,907 3,279,808 3,584,485 Washington 577,378 775,027 1,000,412 1,219,631 1,575,375 2,015,564 2,481,537 3,115,075 3,312,811 West Virginia 90,173 127,283 178,323 205,984 245,669 268,746 306,449 336,321 371,760 Wisconsin 401,565 564,670 731,934 844,961 1,018,482 1,235,500 1,485,891 1,766,448 1,931,916 Wyoming 17,507 35,464 55,905 70,574 83,086 156,940 205,711 260,310 288,052 Nationwide 22,995,444 31,950,574 42,517,810 50,930,245 64,991,653 82,525,450 100,986,136 121,222,347 132,813,984 Some historical data have been revised back through December 2005. 2006 2007 Table 10 High-Speed Lines by State (Over 200 kbps in at least one direction) * Data withheld to maintain firm confidentiality. 2003 2004 State 2005 2008 Jun Jun Jun Dec Jun Dec Jun Dec Jun Alabama 70,639 112,059 177,196 220,657 268,970 314,640 356,830 402,603 430,874 Alaska 14,013 20,686 38,530 43,249 53,687 60,055 63,708 67,938 72,032 American Samoa 0 0 ******* Arizona 77,368 108,735 152,937 207,727 276,261 365,228 405,724 436,857 454,036 Arkansas 44,801 80,981 127,445 149,878 180,883 200,129 226,842 248,908 266,923 California 1,715,998 2,342,186 3,078,824 3,592,220 4,001,529 4,342,556 4,626,442 4,780,051 4,754,973 Colorado 126,189 201,523 268,114 333,313 404,989 473,148 529,504 573,387 574,903 Connecticut 124,742 204,034 * * ***** Delaware * 10,572 * * District of Columbia 39,471 44,231 * * ***** Florida 644,621 928,402 1,284,507 1,509,104 1,722,888 1,873,271 1,960,025 2,046,084 2,045,146 Georgia 368,372 535,088 757,720 890,128 1,008,705 1,126,082 1,218,885 1,307,237 1,361,221 Guam 0 * ******* Hawaii * * * * Idaho 19,382 35,166 62,691 81,520 97,662 113,001 129,188 142,440 153,697 Illinois 363,733 588,906 847,522 979,709 1,094,088 1,211,763 1,300,003 1,382,195 1,418,545 Indiana 85,968 179,942 304,800 379,465 443,473 515,054 583,797 635,507 651,097 Iowa 39,386 65,580 118,777 150,890 189,178 233,396 270,637 298,322 321,784 Kansas 50,839 88,246 136,402 159,996 179,430 202,751 224,843 235,919 240,921 Kentucky 75,316 119,709 180,324 213,131 250,715 303,296 340,350 367,452 384,920 Louisiana 100,919 136,406 190,603 207,488 235,750 270,811 306,283 333,076 353,678 Maine 11,052 31,577 52,032 72,709 89,964 104,780 115,261 117,570 120,357 Maryland 126,873 192,139 305,677 379,316 450,019 489,553 512,156 513,529 495,132 Massachusetts 207,344 253,576 * * ***** Michigan 135,360 236,310 374,861 463,373 533,835 606,616 689,536 732,950 748,563 Minnesota 115,244 159,137 227,988 276,439 330,736 394,686 449,452 496,317 528,792 Mississippi 33,650 52,892 88,252 105,874 128,585 154,179 180,281 202,262 219,564 Missouri 138,046 233,916 341,618 398,671 468,334 545,679 618,302 682,572 712,189 Montana 13,119 28,238 46,786 57,300 70,471 82,876 95,790 102,231 108,083 Nebraska 18,285 35,180 66,268 81,188 95,404 112,032 124,126 135,305 143,036 Nevada 47,934 74,879 116,395 139,938 168,086 190,202 207,051 220,409 224,688 New Hampshire 17,823 31,843 54,233 71,689 85,247 93,589 98,283 99,602 96,781 New Jersey 211,540 301,789 443,808 540,382 638,293 703,950 734,700 734,903 699,670 New Mexico 26,948 51,375 82,062 105,210 130,998 156,620 179,856 200,497 217,072 New York 438,241 536,980 736,769 861,452 1,002,972 1,103,960 1,181,851 1,184,011 1,168,816 North Carolina 161,642 264,248 412,991 488,533 561,102 648,001 724,936 820,334 870,296 North Dakota 11,593 19,412 26,841 32,000 38,729 46,346 51,096 55,635 60,038 Northern Mariana Isl. 0 0 0 ****** Ohio 243,689 369,386 555,749 663,011 752,633 858,846 950,969 1,024,412 1,034,335 Oklahoma 78,248 129,996 189,496 222,048 246,899 277,282 301,523 323,685 334,105 Oregon 95,654 142,483 197,927 244,694 280,286 311,604 338,765 355,563 360,993 Pennsylvania 230,322 346,720 541,274 692,079 871,164 1,012,845 1,125,794 1,191,348 1,208,597 Puerto Rico * * ******* Rhode Island * South Carolina 52,667 98,583 154,666 205,529 242,548 284,892 322,858 359,439 386,274 South Dakota 8,637 15,230 20,632 26,168 32,763 39,684 45,772 48,386 53,343 Tennessee 92,777 147,922 237,180 293,915 348,344 396,928 446,551 499,164 534,652 Texas 597,447 930,997 1,300,681 1,513,639 1,732,716 1,996,752 2,293,905 2,463,911 2,475,277 Utah 65,648 95,656 129,607 160,313 189,240 222,307 249,683 269,785 284,487 Vermont 15,072 22,519 35,281 43,934 51,382 61,441 68,041 72,006 72,581 Virgin Islands * * ******* Virginia 114,797 196,568 308,947 384,243 446,448 505,285 547,941 568,284 560,616 Washington 225,377 300,804 363,796 427,451 491,409 533,668 569,397 592,133 600,239 West Virginia * * 53,292 69,390 86,507 104,637 123,645 137,948 146,964 Wisconsin 84,100 159,167 243,370 298,111 359,530 417,510 483,750 528,196 556,171 Wyoming 5,503 13,510 23,769 33,030 38,541 44,347 49,933 52,602 55,265 Nationwide 7,675,114 11,398,199 16,316,309 19,515,483 22,583,548 25,412,509 27,792,800 29,449,166 29,963,968 Some historical data have been revised back through June 2006. 2006 2007 Table 11 ADSL High-Speed Lines by State (Over 200 kbps in at least one direction) * Data withheld to maintain firm confidentiality. 2003 2004 State 2005 2008 Jun Jun Jun Dec Jun Dec Jun Dec Jun Alabama 181,338 206,208 257,225 285,177 310,548 342,340 374,029 398,840 417,330 Alaska * * * * * * * * * American Samoa 0 0 0 0 0 0 0 0 0 Arizona 319,272 457,869 583,897 679,284 761,419 838,455 850,307 896,746 991,729 Arkansas * 95,528 117,953 137,105 148,940 183,503 205,349 214,028 235,655 California 1,395,435 1,929,080 2,467,232 2,734,659 2,956,932 3,155,718 3,410,983 3,603,105 3,798,686 Colorado 181,766 280,909 383,154 433,184 476,463 523,159 560,557 604,247 626,069 Connecticut 227,658 299,176 372,346 403,723 441,092 454,348 513,211 550,019 575,644 Delaware * * * * * * * * * District of Columbia * * * * * * * * * Florida 867,513 1,171,641 1,559,592 1,757,875 1,939,409 2,178,484 2,344,445 2,543,384 2,631,022 Georgia 289,922 407,038 522,800 583,884 649,583 742,552 802,047 862,212 903,797 Guam 0 0 0000 0 * * Hawaii * * **** * Idaho * * 78,185 73,528 75,185 108,595 116,273 123,067 126,634 Illinois 383,069 589,025 841,737 955,518 1,042,272 1,332,023 1,465,869 1,570,281 1,624,647 Indiana 122,338 304,866 397,481 445,420 490,020 370,200 410,438 439,417 455,929 Iowa 111,748 151,299 186,821 219,803 225,190 234,266 267,712 287,011 308,500 Kansas 181,437 209,233 258,856 272,660 316,866 320,638 351,371 368,988 380,063 Kentucky 23,672 154,567 217,302 269,274 306,487 333,339 383,593 434,900 481,916 Louisiana 189,920 257,405 328,675 254,819 378,613 419,735 446,485 485,349 480,720 Maine * * 116,203 132,075 145,831 152,291 169,458 179,398 196,848 Maryland 306,442 433,754 546,576 592,283 637,405 781,120 829,473 864,763 871,044 Massachusetts 564,961 704,956 826,351 885,578 954,812 1,044,333 1,088,170 1,135,807 1,158,976 Michigan 543,336 656,263 891,842 953,786 1,019,338 1,103,040 1,197,105 1,265,384 1,306,725 Minnesota 255,988 358,477 440,726 493,783 517,018 541,116 570,874 607,772 621,781 Mississippi 50,234 72,271 95,805 104,363 114,140 135,965 151,539 166,092 188,062 Missouri 191,658 266,493 323,270 353,331 400,808 444,118 473,449 497,878 517,207 Montana * 22,856 35,625 45,442 54,056 65,238 74,246 83,006 90,467 Nebraska 111,903 142,555 177,074 200,600 218,335 239,465 238,019 251,699 262,073 Nevada * * * * * * * * * New Hampshire 95,612 129,024 176,033 188,212 201,873 209,781 229,855 239,605 250,233 New Jersey 690,620 862,834 1,107,751 1,205,182 1,312,433 1,385,953 1,473,709 1,538,490 1,586,469 New Mexico 38,004 56,369 78,035 89,003 100,157 108,906 117,336 126,692 137,463 New York 1,401,322 1,752,189 2,216,153 2,444,565 2,765,476 2,967,028 3,164,178 3,341,913 3,548,486 North Carolina 454,272 623,414 762,203 861,990 963,651 1,040,513 1,134,075 1,195,757 1,266,151 North Dakota 10,066 14,428 50,781 54,772 57,722 70,878 76,353 79,755 82,853 Northern Mariana Isl. 0 0 0000 0 * * Ohio 508,458 709,145 961,119 1,064,948 1,184,924 1,303,470 1,405,899 1,498,317 1,626,534 Oklahoma * * 233,993 261,585 284,184 312,500 347,813 372,867 381,910 Oregon 197,794 262,513 335,847 375,351 407,195 452,517 489,902 531,258 554,284 Pennsylvania 482,471 724,101 962,149 1,074,912 1,164,080 1,255,720 1,271,157 1,398,950 1,491,572 Puerto Rico * * **** * * * Rhode Island * * * * * * * * * South Carolina 185,083 228,648 290,233 326,370 368,338 417,584 459,110 496,188 517,385 South Dakota 9,156 12,114 83,667 88,812 92,860 100,155 100,903 111,009 115,048 Tennessee 277,579 340,883 422,063 460,235 506,143 601,889 662,520 702,891 714,610 Texas 888,595 1,162,797 1,467,804 1,617,513 1,692,433 1,944,069 2,081,963 2,183,062 2,214,161 Utah * * * * * * * * 212,474 Vermont * * * * * * * * * Virgin Islands 0 0 0 0 0 0 0 0 0 Virginia 404,616 579,580 748,694 817,100 892,955 877,235 906,252 921,438 941,193 Washington 313,915 426,487 585,125 660,159 725,832 806,126 862,049 909,108 943,846 West Virginia 73,263 97,463 117,538 128,133 145,450 144,569 155,867 158,921 167,237 Wisconsin 287,519 371,106 446,840 497,262 542,881 591,981 636,675 675,737 711,209 Wyoming * * * * * * * * * Nationwide 13,684,225 18,592,636 24,017,442 26,558,206 29,173,449 31,981,705 34,404,368 36,506,972 38,190,355 Some historical data have been revised. * Data withheld to maintain firm confidentiality. 2006 State 2003 20052004 Table 12 Coaxial Cable High-Speed Lines by State (Over 200 kbps in at least one direction) 2007 State Residential Business Total Alabama 909,945 614,660 1,524,605 Alaska 156,793 25,752 182,545 American Samoa *** Arizona 1,575,252 1,285,264 2,860,516 Arkansas 612,182 159,911 772,093 California 10,406,479 8,212,904 18,619,383 Colorado 1,315,361 1,029,151 2,344,512 Connecticut 1,135,798 866,502 2,002,300 Delaware 240,153 241,218 481,371 District of Columbia 191,505 280,009 471,514 Florida 5,425,497 2,731,599 8,157,096 Georgia 2,402,283 1,594,412 3,996,695 Guam *** Hawaii 378,477 264,608 643,085 Idaho 343,184 347,415 690,599 Illinois 3,471,815 2,066,108 5,537,923 Indiana 1,274,862 1,204,746 2,479,608 Iowa 632,294 458,775 1,091,069 Kansas 721,808 342,112 1,063,920 Kentucky 932,158 365,880 1,298,038 Louisiana 1,111,304 441,584 1,552,888 Maine 309,458 119,446 428,904 Maryland 1,767,213 971,533 2,738,746 Massachusetts 1,946,046 1,446,785 3,392,831 Michigan 2,262,822 1,582,133 3,844,955 Minnesota 1,288,882 863,993 2,152,875 Mississippi 435,193 148,851 584,044 Missouri 1,496,075 580,307 2,076,382 Montana 198,534 278,311 476,845 Nebraska 431,124 271,056 702,180 Nevada 780,141 488,719 1,268,860 New Hampshire 363,328 318,207 681,535 New Jersey 2,716,982 2,621,237 5,338,219 New Mexico 374,043 345,718 719,761 New York 5,470,914 3,439,613 8,910,527 North Carolina 2,280,220 1,552,707 3,832,927 North Dakota 145,593 176,070 321,663 Northern Mariana Islands *** Ohio 2,838,688 2,227,637 5,066,325 Oklahoma 880,666 196,549 1,077,215 Oregon 1,081,837 635,122 1,716,959 Pennsylvania 3,097,119 2,584,889 5,682,008 Puerto Rico 501,072 81,083 582,155 Rhode Island 297,643 230,085 527,728 South Carolina 942,688 836,429 1,779,117 South Dakota 170,380 191,883 362,263 Tennessee 1,346,820 1,420,683 2,767,503 Texas 6,198,779 2,911,276 9,110,055 Utah 552,567 555,982 1,108,549 Vermont 136,780 120,285 257,065 Virgin Islands 17,576 1,865 19,441 Virginia 1,900,624 1,683,861 3,584,485 Washington 1,783,539 1,529,272 3,312,811 West Virginia 314,072 57,688 371,760 Wisconsin 1,384,836 547,080 1,931,916 Wyoming 116,661 171,391 288,052 Nationwide 79,089,575 53,724,409 132,813,984 * Data withheld to maintain firm confidentiality. Table 13 High-Speed Lines by Type of End User as of June 30, 2008 (Over 200 kbps in at least one direction) xDSL Availability Where Cable Modem Availability Where State ILECs Offer Local Telephone Service Cable Systems Offer Cable TV Service Alabama 77% 93% Alaska 75% * American Samoa *0% Arizona 84% 99% Arkansas 77% 74% California 89% 99% Colorado 89% 96% Connecticut * 100% Delaware * * District of Columbia ** Florida 89% 98% Georgia 93% 90% Guam Hawaii * * Idaho 80% 99% Illinois 85% 97% Indiana 81% 91% Iowa 86% 90% Kansas 83% 91% Kentucky 88% 89% Louisiana 83% 97% Maine 71% 93% Maryland 75% 98% Massachusetts * 100% Michigan 73% 99% Minnesota 86% 96% Mississippi 76% 92% Missouri 80% 97% Montana 78% 88% Nebraska 86% 93% Nevada 87% * New Hampshire 62% 99% New Jersey 86% 100% New Mexico 85% 79% New York 79% 99% North Carolina 85% 95% North Dakota 89% 82% Northern Mariana Isl. * * Ohio 85% 98% Oklahoma 80% 92% Oregon 83% 95% Pennsylvania 84% 94% Puerto Rico ** Rhode Island South Carolina 84% 93% South Dakota 80% 81% Tennessee 83% 96% Texas 80% 96% Utah 89% 88% Vermont 71% * Virgin Islands * 0% Virginia 65% 97% Washington 83% 98% West Virginia 69% 85% Wisconsin 82% 96% Wyoming 81% * Nationwide 83% 96% * Data withheld to maintain firm confidentiality. xDSL includes both asymmetric and symmetric DSL. Each state-specific estimate is a weighted average of the availability percentages that ILECs or cable system operators report for the areas they serve. Reported xDSL availability is weighted by ILEC end-user switched access lines. Reported cable modem availability is weighted by cable TV subscribers. The weighted averages include ILECs or cable system operators that report no availability. Table 14 Percentage of Residential End-User Premises with Access to High-Speed Services as of June 30, 2008 Number of Providers Zero 22.2 % 20.6 % 16.1 % 12.0 % 9.0 % 6.8 % 5.7 % 4.6 % 2.0 % 1.0 % 0.7 % 0.4 % 0.1 % 0.2 % 0.0 % One 20.3 19.3 18.4 17.3 16.4 14.9 13.8 12.5 9.3 5.6 3.7 2.4 0.9 1.3 0.3 Two 16.7 15.7 16.2 16.8 16.9 17.1 16.8 16.3 14.1 11.9 8.2 5.7 3.6 3.8 1.5 Three 13.2 13.1 13.3 14.4 14.0 14.9 14.9 15.1 15.0 14.8 11.3 8.9 7.0 6.7 3.7 Four 8.2 9.1 9.6 10.3 10.6 11.2 11.6 12.2 12.6 13.5 12.9 11.4 11.1 10.3 7.2 Five 4.9 6.1 6.9 7.3 7.7 7.8 8.4 8.9 9.7 10.3 12.2 12.5 13.6 12.8 10.8 Six 3.6 4.2 4.6 5.0 5.3 5.8 6.1 6.3 6.8 7.8 10.4 11.7 13.0 13.4 13.4 Seven 2.8 3.2 3.2 3.9 4.0 4.2 4.4 4.6 5.3 5.7 8.7 10.0 11.6 11.2 12.7 Eight 2.2 2.5 2.8 2.7 3.1 3.3 3.6 3.6 4.0 4.6 7.1 8.3 9.1 9.0 9.9 Nine 1.9 2.0 2.4 2.2 2.5 2.6 2.8 3.1 3.8 4.0 5.8 6.7 7.4 7.4 7.4 Ten or More 3.9 4.0 6.4 8.0 10.5 11.4 11.8 12.8 17.5 20.7 19.1 22.0 22.7 23.8 33.2 For data through December 2004, only those providers with at least 250 lines per state were required to file. Figures may not add up to 100% due to rounding. 1 Chart 12 Percent of Zip Codes with High-Speed Providers 2008 JunJun Jun DecDec Table 15 Percentage of Zip Codes with High-Speed Lines in Service 20052003 Jun DecJun 2004 Jun Dec 2001 2002 Dec 2007 Dec JunDec 2006 Jun 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% J un 2 000 J un 2 001 J un 2 002 J un 2 003 J un 2 004 J un 2 005 J un 2 006 J un 2 007 J un 2 008 One or More Providers Four or More Providers Technology Zero One Two Three Four Five Six Seven Eight Nine Ten or More ADSL 12.8 38.0 20.8 10.9 6.8 5.0 2.7 1.7 0.8 0.3 0.2 SDSL 61.3 20.0 7.3 5.1 3.5 1.7 0.7 0.2 0.1 0.0 0.0 Cable Modem 32.8 57.1 9.1 0.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Fiber 62.3 19.5 10.3 5.1 1.9 0.6 0.2 0.0 0.0 0.0 0.0 Satellite 6.5 20.8 53.6 19.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Fixed Wireless 71.8 21.1 5.6 1.2 0.3 0.0 0.0 0.0 0.0 0.0 0.0 Mobile Wireless 0.6 6.0 34.1 47.3 11.4 0.5 0.0 0.0 0.0 0.0 0.0 Power Line and/or Other 1 43.2 17.6 9.4 6.3 5.0 4.3 3.7 2.9 2.7 1.8 3.2 ADSL and/or Cable Modem 8.6 23.3 22.3 16.2 10.4 7.2 5.2 3.4 1.9 1.0 0.7 All Technologies 0.0 0.3 1.5 3.7 7.2 10.8 13.4 12.7 9.9 7.4 33.2 Figures may not add up to 100% due to rounding. 1 Other includes high-speed lines provided over traditional wireline facilities such as T-carrier and also lines provided over any technology that is not specified in the table. Table 16 Percentage of Zip Codes with High-Speed Lines in Service by Technology as of June 30, 2008 Number of Providers Alabama 0 % 0 % 1 % 2 % 3 % 8 % 17 % 16 % 15 % 8 % 30 % Alaska 0 12 37 21 17430310 Arizona 0001268108757 Arkansas 0027115276859 California 0002481096654 Colorado 001255312868 Connecticut 000071015412130 Delaware 00052565035 District of Columbia 00044004008 Florida 000012487870 Georgia 00023814131 841 Hawaii 0003614868142 Idaho 0039721417125 Illinois 0023813619632 Indiana 00148214131387 Iowa 0025101 642 2 Kansas 312121096 Kentucky 0 2 8 11 12 14 13 11 8 6 14 Louisiana 000237162112931 Maine 01481158633 Maryland 00137212126642 Massachusetts 000129339103 Michigan 00013711514 9 Minnesota 00251214330626 Mississippi 00021016171483 Missouri 00251013 59524 Montana 00079251710641 Nebraska 0004101 61585 Nevada 0011771119746 New Hampshire 000035 8211230 New Jersey 00001436687 New Mexico 0022916191710421 New York 0013534 836 North Carolina 0001241016171 8 North Dakota 0 0 2 17 28 25 155313 Ohio 00001401615142 Oklahoma 00231019181763 Oregon 0025 449871 Pennsylvania 01361131312653 Puerto Rico 00001268291727 Rhode Island 0013591215754 South Carolina 00013535995 South Dakota 0 0 3 16 23 20 149736 Tennessee 001251 6149735 Texas 0012481 101042 Utah 000468810 638 Vermont 00016121321132 Virginia 00128 615079 Washington 00045121 0964 West Virginia 0 1 6 12 22 22 168337 Wisconsin 00114102191292 Wyoming 0017148194771 Nationwide 0 % 0 % 2 % 4 % 7 % 11 % 13 % 13 % 10 % 7 % 33 % Zero One Two Three Ten or Four Five Six Seven Eight Nine More Table 17 Percentage of Zip Codes with High-Speed Lines in Service as of June 30, 2008 (Over 200 kbps in at least one direction) Number of Providers Jun 2006 Jun 2006 More than 3,190 99.3 % 99.5 % 99.7 % 99.9 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 975 - 3,190 99.8 99.7 99.9 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 278 - 975 99.4 99.7 99.7 99.9 99.9 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 118 - 278 99.5 99.7 99.6 99.8 100.0 99.9 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 66 - 118 99.4 99.7 99.7 99.7 100.0 99.9 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 41 - 66 99.1 99.3 99.6 99.5 99.9 99.9 100.0 99.9 99.9 100.0 100.0 100.0 100.0 100.0 25 - 41 97.7 98.8 99.3 99.4 99.8 99.6 100.0 99.6 99.8 99.9 99.9 100.0 99.9 100.0 15 - 25 97.5 98.1 98.7 99.4 99.9 99.7 100.0 99.4 99.5 99.7 99.9 100.0 100.0 100.0 6 - 15 95.8 97.9 98.6 99.2 99.9 99.5 100.0 98.9 99.6 99.7 99.8 100.0 99.9 100.0 Fewer than 6 92.2 96.9 98.2 99.0 99.8 99.6 100.0 98.2 99.3 99.7 99.9 100.0 99.9 100.0 Jun 2006 Jun 2006 More than $61,200 99.6 % 99.8 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % $50,331 - $61,200 99.7 99.6 99.9 99.9 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 $44,439 - $50,331 99.3 99.4 99.7 99.8 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 $40,334 - $44,439 98.8 99.2 99.6 99.8 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 $37,281 - $40,334 98.2 99.1 99.3 99.6 100.0 99.8 100.0 99.9 100.0 100.0 100.0 100.0 100.0 100.0 $34,633 - $37,281 98.4 99.2 99.5 99.7 99.9 99.9 100.0 99.9 100.0 100.0 100.0 100.0 100.0 100.0 $32,125 - $34,633 97.4 98.9 99.3 99.6 99.9 99.9 100.0 99.9 99.9 100.0 100.0 100.0 100.0 100.0 $29,616 - $32,125 97.1 98.6 98.9 99.2 99.9 99.7 100.0 99.7 99.8 99.8 99.8 100.0 99.9 100.0 $26,113 - $29,616 96.4 98.2 98.8 99.5 99.9 99.7 100.0 99.8 99.9 99.9 100.0 100.0 100.0 100.0 Less than $26,113 94.9 97.1 98.1 98.6 99.7 99.1 100.0 99.7 99.9 99.9 99.9 100.0 99.9 100.0 Dec 2006 Jun 2008 Dec 2005 Jun 2008 Dec 2006 Persons per Square Mile 1 Dec 2005 Percentage of Population that Resides in Zip Codes with High-Speed Service Jun 2005Dec 2007Jun 2007Jun 2005 Jun 2008 Jun 2008 Jun 2007Dec 2006 Dec 2006 Jun 2007 1 Persons per square mile and median household income are presented in decile groups where each group contains 10% of the geographic Zip Codes. Because Zip Codes are being updated constantly, the decile break points vary slightly over time. The break points shown are typical. These data are created by geographically merging contemporaneous Tele Atlas ® Dynamap ® ZIP Code Boundary & Inventory Files with census block-level population and census block group-level income data from the 2000 Census of Population and Housing. Table 18 High-Speed Subscribership Ranked by Population Density Percentage of Population that Resides in Zip Codes with High-Speed Service Table 19 High-Speed Subscribership Ranked by Household Income Percentage of Zip Codes with at Least One High-Speed Subscriber Median Household Income 1 Historical data have been revised back through June 2005. Dec 2005 Dec 2007 Dec 2007 Dec 2007Dec 2005Jun 2005 Jun 2005 Percentage of Zip Codes with at Least One High-Speed Subscriber Jun 2007 Customer Response Publication: High-Speed Services for Internet Access: Status as of June 30, 2008 You can help us provide the best possible information to the public by completing this form and returning it to the Industry Analysis and Technology Division of the FCC's Wireline Competition Bureau. 1. Please check the category that best describes you: ____ press ____ current telecommunications carrier ____ potential telecommunications carrier ____ business customer evaluating vendors/service options ____ consultant, law firm, lobbyist ____ other business customer ____ academic/student ____ residential customer ____ FCC employee ____ other federal government employee ____ state or local government employee ____ Other (please specify) 2. 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Name: Telephone #: To discuss the information in this report, contact: 202-418-0940 or for users of TTY equipment, call 202-418-0484 Fax this response to or Mail this response to 202-418-0520 FCC/WCB/IATD Mail Stop 1600 F Washington, DC 20554 Federal Communications Commission FCC 09-65 STATEMENT OF CHAIRMAN JULIUS GENACHOWSKI Re: Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 09-137; A National Broadband Plan for Our Future, GN Docket No. 09-51. Ensuring that universal broadband improves the lives of all Americans is an urgent task. Today’s item opening a Section 706 inquiry into broadband deployment is another step in the ongoing, agency- wide drive toward developing a National Broadband Plan by February 2010. The Commission is hard at work ensuring that the agency possesses the data needed to make wise policy decisions. Federal Communications Commission FCC 09-65 STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 09-137; A National Broadband Plan for Our Future, GN Docket No. 09-51. I am thrilled to see a Notice of Inquiry for the 706 Report that has real meaning—that is thoughtful, forward-looking, and a complement to the process this Commission has underway to develop a national broadband plan. During every 706 Report process since I have been at the Commission, I have stressed that we needed to recognize this problem, diagnose it, and then come up with a solution to reverse our nation’s slide into technological and communications mediocrity. On many occasions, I talked about how the country lacked a national strategy; how we lacked even the essential data on which to build a viable strategy; and how we were paying a terrible price because of a cavalier approach to an urgent national problem. Happily, times have changed and we now have the commitment and the leadership to tackle these issues. The Commission kicked off its massive broadband effort with the National Broadband Plan Notice of Inquiry, and with this Section 706 Notice we will start a new annual tradition—a true review of the state of broadband deployment in America. Federal Communications Commission FCC 09-65 STATEMENT OF COMMISSIONER ROBERT M. McDOWELL Re: Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 09-137; A National Broadband Plan for Our Future, GN Docket No. 09-51. This nation has made great strides in developing and deploying broadband infrastructure and services since the Commission issued the first Section 706 Report in 1999. Today, a wide variety of innovative services are provided to consumers over copper, cable, fiber, wireless and satellite infrastructure that simply did not exist a decade ago. While we should always strive to do better, we should also learn from what America has achieved in the broadband market thus far. We must take great care to seek accurate and complete information that is useful to assess the state of broadband deployment. This item, which I support, reflects the benefits of the additional guidance Congress has given the Commission. Our resulting assessment should be improved by that guidance, our concurrent efforts in the National Broadband Plan proceeding, and the availability of more granular and expansive Form 477 data.